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HOWARD v. DEPARTMENT OF HEALTH AND REHABILITATION SERVICES, INC.

No. 88-171.

541 So.2d 117 (1989)

Catherine HOWARD, As Personal Representative of the Estate of Carolyn Howard, Deceased, and Derick Dewayne Howard, a Minor, Alden Mitchel Howard, a Minor, Children of Carolyn Howard; and Mitchell Green, Father and Next Friend of Derick Dewayne Howard and Alden Mitchell Howard, Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATION SERVICES, INC., D/B/a Dade County Department of Public Health, 79TH Street Unit, Juanita Mann Center, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 1989.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, William Huggett, Miami, for appellants.

Colodny, Fass & Talenfeld and James M. Fishman, North Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

At least one medical expert rendered a strong opinion, in the record, that the negligence of the health-care facility was a substantial factor contributing to the victim's demise. It cannot be said, consequently, for the purpose of a summary judgment, that the defendant has demonstrated conclusively the nonexistence of a material dispute on the issue of proximate causation. Glotzer v. Moselle, 515 So.2d 375 (Fla...

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