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FOSTER v. BEVERLY ENTERPRISES—DISTRIBUTION SERVICES, INC.

No. 2D02-636.

827 So.2d 1104 (2002)

William FOSTER, as Personal Representative of the Estate of Donald C. Foster, Appellant, v. BEVERLY ENTERPRISES—DISTRIBUTION SERVICES, INC., d/b/a and owners and operators of Manatee Health Care and Rehabilitation Center and Vantage Healthcare Corporation, d/b/a and owners and operators of Manatee Health Care and Rehabilitation Center, Appellees.

District Court of Appeal of Florida, Second District.

October 16, 2002.

Attorney(s) appearing for the Case

Susan J. Silverman, Sarasota, for Appellant.

Scott A. Mager, Gary S. Gaffney, and Elaine J. LaFlamme of Mager & Associates, P.A., Fort Lauderdale, for Appellees.

SILBERMAN, Judge.

William Foster, as personal representative of the estate of his brother, Donald C. Foster (the decedent), appeals the trial court's order granting a directed verdict and judgment in favor of the Appellees. We agree with the trial court's conclusion that Foster did not meet his burden of establishing that negligence on the part of the Appellees was the proximate cause of injury to the decedent. Therefore, the directed verdict was proper. See Gooding...

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