FLEISCHMAN v. PEREZ

No. 86-416.

491 So.2d 1191 (1986)

Dirk FLEISCHMAN, D.D.S., Appellant, v. Fortuna PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

July 15, 1986.


Attorney(s) appearing for the Case

Kubicki, Bradley, Draper, Gallagher & McGrane and Betsy E. Gallagher, Miami, for appellant.

Anthony E. Ramos, Miami, for appellee.

Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.


PER CURIAM.

Although it is not disputed that a root canal file was "inadvertently" broken off and remained in the plaintiff's tooth and that, therefore, under Section 768.45(4), Florida Statutes (1983), there was prima facie evidence of negligence on the part of the defendant dentist,1 nonetheless, the plaintiff was not entitled to summary judgment as to the issue of liability where, as here...

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