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BATES v. MARTIN McFALL MESSENGER

No. 90-2151.

603 So.2d 725 (1992)

Justin BATES, a Minor, By and Through his mother and legal guardian, Cynthia BATES and Cynthia Bates, individually, Appellants, v. MARTIN McFALL MESSENGER ANESTHESIA PROFESSIONAL ASSOCIATION, Appellee.

District Court of Appeal of Florida, Fourth District.

September 9, 1992.

Attorney(s) appearing for the Case

Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellants.

Clark J. Cochran, Jr., of Billings, Cochran, Heath, Lyles & Mauro, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

AFFIRMED.

ANSTEAD and LETTS, JJ., concur.

FARMER, J., dissents with opinion.

FARMER, Judge, dissenting.

I dissent from the affirmance because I believe that the testimony of the expert witnesses Poser and Schneck created a question of intervening negligence as to the later conduct of Dr. Brown. Both of these experts testified that they were unable to separate the damage caused by the earlier negligence of the anesthesiologists...

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