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R.J. v. HUMANA OF FLORIDA, INC.

No. 92-2333.

625 So.2d 116 (1993)

R.J. and P.J., Appellants, v. HUMANA OF FLORIDA, INC., D/B/a Humana Hospital-Lucerne, a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

October 15, 1993.

Attorney(s) appearing for the Case

Marcia K. Lippincott of Marcia K. Lippincott, P.A., Orlando, for appellants.

Robert A. Hannah and Michael C. Tyson of Hannah, Marsee, Beik & Voght, P.A., Orlando, for appellee Humana of Florida, Inc., d/b/a Humana Hospital-Lucerne.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for appellee William J. Robbins, M.D.

A. Broaddus Livingston and Sylvia H. Walbolt of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellee Smithkline Beecham Clinical Laboratories, Inc., f/k/a Smithkline Bio-Science Laboratories, Ltd., Inc.

W. SHARP, Judge.

R.J. and his wife P.J. appeal from a dismissal of their complaint filed against Humana of Florida, Inc., Smithkline Beecham Clinical Laboratories, Inc. and Dr. William Robbins. The appellants filed this negligence action after R.J. was incorrectly diagnosed and treated for being HIV positive. The action was dismissed because the appellants failed to satisfy the "impact rule." We reluctantly affirm but certify a question to the Florida Supreme Court...

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