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NEMETH v. HARRIMAN

No. 90-03341.

586 So.2d 72 (1991)

Vickie NEMETH, as Personal Representative of the Estate of Christopher Nemeth, Deceased, for the use and benefit of the survivors, to wit: Vickie Nemeth, Anthony Paul Nemeth, a minor, Monica Lynn Nemeth, a minor, and Danielle Mychal Nemeth, a minor, Appellants, v. Ben B. HARRIMAN, M.D., and Clearwater Pathology Associates, M.D.'s, P.A., f/k/a Leonard and Gillotte, M.D.'s, P.A., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 30, 1991.

Attorney(s) appearing for the Case

Leonard M. Vincenti, Clearwater, for appellants.

Philip D. Parrish and Robert M. Klein of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellees.

Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, amicus curiae by Academy of Florida Trial Lawyers, for appellants.

LEHAN, Judge.

We reverse the dismissal with prejudice of this wrongful death suit for medical malpractice. We disagree with the trial court's conclusion that the statute of repose, section 95.11(4)(b), Florida Statutes (1989), precludes the suit. We conclude that the court erred in ruling that the repose period had expired before there was notice of injury. No contention has been raised concerning the statute of limitations.

The complaint includes the following...

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