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McKINNON v. PENGREE

No. 83-1189.

455 So.2d 1134 (1984)

Phyllis D. McKINNON, Individually and As Personal Representative of the Estate of Laquisha Latreal Tennell, Deceased, Appellant/Cross-Appellee, v. David PENGREE, Secretary, Department of Health and Rehabilitative Services, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

September 19, 1984.

Attorney(s) appearing for the Case

Morris W. Milton of Williams & Milton, P.A., St. Petersburg, for appellant/cross-appellee.

James C. Hadaway of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Clearwater, for appellee/cross-appellant.

LEHAN, Judge.

Plaintiff mother appeals a directed verdict for defendant HRS on a claim against HRS for the wrongful disposal of plaintiff's daughter's body. Defendant cross-appeals the trial court's denial of defendant's motion for a directed verdict on plaintiff's wrongful death claim. We affirm on plaintiff's appeal and reverse on the cross-appeal.

Plaintiff's baby daughter had a food intolerance that caused vomiting and diarrhea. Within the first several...

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