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BAUDO v. BON SECOURS HOSPITAL/VILLA

No. 95-430.

684 So.2d 211 (1996)

Nicholas BAUDO and Angela Baudo, his wife, Appellants, v. BON SECOURS HOSPITAL/VILLA MARIA NURSING CENTER, and Galen Health Care, Inc. d/b/a Aventura Hospital and Medical Center f/k/a Humana, Inc. d/b/a Humana Hospital-Biscayne, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 8, 1997.

Attorney(s) appearing for the Case

Gaebe, Murphy, Mullen & Antonelli and David Kleinberg, Coral Gables, for appellants.

George, Hartz, Lundeen, Flagg & Fulmer and Esther E. Galicia; Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards and Pamela R. Kittrell, Ft. Lauderdale, for appellees.

Before BARKDULL, NESBITT and COPE, JJ.

COPE, Judge.

Nicholas and Angela Baudo appeal an adverse summary final judgment entered on the basis of a release given to other tortfeasors. We conclude that the trial court ruling is contrary to sections 768.041 and 768.31, Florida Statutes (1991), and reverse.

In January 1991, Nicholas Baudo slipped and fell in the 163rd Street Mall, fracturing his hip. Baudo's hip was replaced by defendant-appellee Aventura Hospital and Medical Center ("Hospital").

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