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JOST v. LAKELAND REGIONAL MEDICAL CENTER, INC.

No. 2D01-4549.

844 So.2d 656 (2003)

Karyen P. JOST, as Personal Representative of the Estate of Arthur Myers, deceased, Appellant, v. LAKELAND REGIONAL MEDICAL CENTER, INC., a corporation; American Continental Insurance Company, a corporation; Amir Ahmad, M.D. and Amir Ahmad, M.D., P.A., a professional association, Appellees.

District Court of Appeal of Florida, Second District.

March 12, 2003.

Attorney(s) appearing for the Case

W.C. Gentry and Corinne C. Hodak, Jacksonville, for Appellant.

Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, for American Continental Ins. Co., Appellee.

Tricia B. Valles of Hahn, Morgan & Lamb, P.A., Tampa, for Lakeland Regional Medical Center, Appellee.

No appearance for Appellees Amir Ahmad, M.D. and Amir Ahmad, M.D., P.A.

COVINGTON, Judge.

The alleged spoliation of evidence in a medical malpractice case provides the framework for this appeal. Ms. Jost, in her amended complaint, claimed that Lakeland Regional Medical Center (LRMC) had rendered negligent medical treatment to Arthur Myers and that both LRMC and American Continental Insurance Co. (ACIC) had concealed or destroyed evidence. ACIC moved to dismiss the amended complaint while LRMC moved to dismiss the four counts dealing with...

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