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BENGSTON v. GIROUD

No. 89-01277.

559 So.2d 380 (1990)

David BENGSTON and Cindy Bengston, His Wife, Appellants, v. Jorge GIROUD, M.D., Appellee.

District Court of Appeal of Florida, Second District.

April 6, 1990.

Attorney(s) appearing for the Case

E. Ronald Bradley of Ellis, Reynolds & Bradley, St. Petersburg, and Philip W. Dann of Philip W. Dann, P.A., St. Petersburg, for appellants.

Nelly N. Khouzam and Jeffrey P. Winkler of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellee.

THREADGILL, Judge.

David and Cindy Bengston appeal an order of the trial court dismissing their negligence complaint with prejudice. Dr. Giroud, the defendant and appellee, had moved to dismiss for failure to state a cause of action, specifically for: (1) failure to allege a duty owed by Dr. Giroud to David Bengston or a legal relationship giving rise to such duty; (2) failure to allege a breach of such duty; and (3) failure to allege that damage was sustained as...

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