SWARTZ v. BILLINGTON

No. 86-2243.

528 So.2d 1371 (1988)

Molly SWARTZ, As Personal Representative of the Estate of Joseph Swartz, Individually, As Decedent's Widow, and On Behalf of Decedent's Minor Children, Appellant, v. Derrell O. BILLINGTON, D.O., Amisub of Florida, Inc., D/B/a Southeastern Medical Center, and the Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, Third District.

August 9, 1988.


Attorney(s) appearing for the Case

Jerry B. Schreiber, Stuart H. Gitlitz, James D. Keegan, for appellant.

Kubicki, Bradley, Draper, Gallagher & McGrane and Betsy E. Gallagher and Kathryn S. Pecko and Gail L. Kniskern, Parenti & Falk and Norman M. Waas, for appellees.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

Molly Swartz, the widow of Joseph Swartz and the personal representative of his estate, appeals from a judgment entered on a jury verdict determining that there was no negligence on the part of the defendant Dr. Billington which was the legal cause of Mr. Swartz's death (and thus no negligence for which the defendant Southeastern Medical Center could be held responsible). The plaintiff's theory...

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