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FULLERTON v. HOSPITAL CORP. OF AMERICA

No. 93-2886.

660 So.2d 389 (1995)

Peter FULLERTON, Appellant, v. HOSPITAL CORPORATION OF AMERICA, etc., et al, Appellee.

District Court of Appeal of Florida, Fifth District.

September 15, 1995.

Attorney(s) appearing for the Case

Douglas H. Stein of Stein & Warfman, P.A., Miami, and Harry Averell of Harry Averell, P.A., Dania, for appellant.

Walter A. Ketcham, Jr., John C. Willis, IV, and Art C. Young of Taraska, Grower, Unger & Ketcham, P.A., Orlando, for appellee Munroe Regional Medical Center.

John R. Dorough of Patillo & McKeever, P.A., Ocala, for appellee Marion County School Board.

Gary L. Miller of Behan, Freemon & Miller, Tampa, for appellee INFAB Corporation.

Francis J. Carroll, Jr., of Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Daytona Beach, for appellee Hospital Corporation of America and remaining appellees.

THOMPSON, Judge.

Peter Fullerton ("Fullerton") appeals the entry of a partial final summary judgment in favor of Hospital Corporation of America, d/b/a Marion Community Hospital ("the hospital"), and others which dismissed his derivative consortium claim. The issue on appeal is whether Florida law allows Fullerton to proceed with his derivative claim even though he was not married to his wife at the time she suffered the...

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