SMITH v. SOUTHWEST FLORIDA BLOOD BANK, INC.

No. 90-01216.

578 So.2d 501 (1991)

John SMITH and Mary Smith, Individually and On Behalf of Their Minor Child, Jack Smith, Appellants, v. SOUTHWEST FLORIDA BLOOD BANK, INC., Appellee.

District Court of Appeal of Florida, Second District.

April 26, 1991.


Attorney(s) appearing for the Case

Elizabeth Koebel Russo of Law Offices of Elizabeth, Russo, P.A., Miami, Peeples, Earl & Blank, Sarasota, and Anderson Moss Parks & Russo, Miami, for appellants.

Ted R. Manry, III, D. James Kadyk, and Harold D. Oehler of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee.

Thomas J. Guilday of Huey, Guilday, Kuersteiner & Tucker, P.A., Tallahassee, for amicus curiae Florida Ass'n of Blood Banks.

Raymond T. Elligett, Jr., and F. Ronald Fraley of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for amicus curiae Gerald Silva.


HALL, Judge.

The appellants John and Mary Smith challenge the order dismissing their cause with prejudice due to the running of the statute of limitations. The Smiths contend that the trial court erroneously applied the medical malpractice statute of limitations because their cause of action sounds in negligence.

In February 1984, the Smiths' infant son was hospitalized for suspected spinal meningitis. During his hospitalization, the infant received ten units...

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