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CARR v. BROWARD COUNTY

No. 70545.

541 So.2d 92 (1989)

Ellen M. CARR, et al., Petitioners, v. BROWARD COUNTY, Etc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied May 1, 1989.

Attorney(s) appearing for the Case

Laura S. Rotstein of Stanley M. Rosenblatt, P.A., Miami, for petitioners.

Ellen Mills Gibbs, Bernard & Mauro, Fort Lauderdale, Steven R. Berger of Steven R. Berger, P.A., Robert J. Burke of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Miami, and Rex Conrad and Valerie Shea of Conrad, Scherer & James, Fort Lauderdale, for respondents.

Joel S. Cronin of Cone, Wagner, Nugent, Johnson, Roth & Romano, P.A., West Palm Beach, amicua curiae for The Academy of Florida Trial Lawyers.

OVERTON, Justice.

This cause is before the Court on petition for review of the Fourth District Court of Appeal's decision in Carr v. Broward County, 505 So.2d 568 (Fla. 4th DCA 1987). The Fourth District found Carr's medical malpractice action, filed more than nine years after the alleged incident causing brain damage to her newborn child, was barred by the statute of repose provisions contained in section 95.11(4)(b), Florida...

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