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TANNER v. HARTOG

No. 95-00949.

678 So.2d 1317 (1996)

James R. TANNER, Appellant, v. Ellie M. HARTOG, M.D., Alberto Duboy, M.D., Hartog and Duboy, P.A., and Lakeland Regional Medical Center, Inc., Appellees.

District Court of Appeal of Florida, Second District.

June 26, 1996.

Attorney(s) appearing for the Case

Kennan George Dandar of Dandar & Dandar, P.A., Tampa, for Appellant.

Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Appellees Ellie M. Hartog, M.D., and Hartog and Duboy, P.A.

Thomas M. Hoeler and Jerry L. Newman of Shear, Newman, Hahn & Rosenkranz, P.A., Tampa, for Appellees Alberto Duboy, M.D., and Hartog and Duboy, P.A.

Kevin C. Knowlton and Stephen R. Senn of Peterson, Myers, Craig, Crews, Brandon, & Puterbaugh, P.A., Lakeland, for Appellee Lakeland Regional Medical Center, Inc.

PATTERSON, Judge.

This litigation ensued when Phyllis Tanner experienced a stillbirth during her forty-first week of pregnancy. Her husband, James Tanner, appeals from the dismissal of his claims with prejudice for the destruction of his living tissue, negligent stillbirth, and loss of consortium. We affirm the trial court, but certify to the Florida Supreme Court the question of whether Florida law allows a cause of action for emotional damages resulting from a stillbirth...

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