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ST. ANGELO v. HEALTHCARE AND RETIRE. CORP.

No. 4D01-3601.

824 So.2d 997 (2002)

John ST. ANGELO, Appellant, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, d/b/a Heartland Health-Care Prosperity Oaks, Appellee.

District Court of Appeal of Florida, Fourth District.

August 28, 2002.

Attorney(s) appearing for the Case

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., and Robert T. Bergin, Jr., of Robert T. Bergin, Jr., P.A., West Palm Beach, for appellant.

Barry A. Postman and David S. Farber of Cole, Scott & Kissane, P.A., Miami, for appellee.

SHAHOOD, J.

The sole issue presented in this appeal is whether, as a matter of law, a single fall in a nursing home can constitute a violation under chapter 400, Florida Statutes. We answer in the affirmative and reverse and remand the final summary judgment entered in this case in favor of appellee, Healthcare and Retirement Corporation of America.

Appellant, John St. Angelo, suffered a fall while he was a resident in appellee's rehabilitation facility following...

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