HERNANDEZ v. PINO

No. 84-1881.

482 So.2d 450 (1986)

Luis HERNANDEZ and Daisy Hernandez, His Wife, Appellants, v. Angel PINO, D.D.S. and Federal Insurance Company, a Foreign Corporation Doing Business in Dade County, Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 25, 1986.


Attorney(s) appearing for the Case

Winitz, Liroff & Kolsky, Nancy Little Hoffman, Fort Lauderdale, for appellants.

Walton, Lantaff, Schroeder & Carson and Sally R. Doerner, Miami, for appellees.

Before HENDRY, HUBBART and FERGUSON, JJ.


FERGUSON, Judge.

Plaintiffs in a malpractice action appeal from a final summary judgment entered for defendant dentist where X-rays were lost after defendant released them to plaintiffs' former attorney. We reverse.

Plaintiff Luis Hernandez suffers from holes in his palate owing to a congenital defect. The holes were covered by a partial upper denture. In December 1978 Hernandez visited Dr. Pino complaining of loose bottom teeth. After an examination which...

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