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FINR v. MARSHALL

No. 2D05-2393.

943 So.2d 976 (2006)

FLORIDA INSTITUTE FOR NEUROLOGIC REHABILITATION, INC., Appellant, v. Una MARSHALL and Russell Lieux, as co-personal representatives of the Estate of Michael Lieux, deceased, Appellees.

District Court of Appeal of Florida, Second District.

December 8, 2006.

Attorney(s) appearing for the Case

Sylvia H. Walbolt, Robert E. Biasotti, and Christopher J. Kaiser of Carlton Fields, P.A., St. Petersburg, for Appellant.

Shea Moxon of Swope, Rodante P.A., Tampa, for Appellees.

CANADY, Judge.

The Florida Institute for Neurologic Rehabilitation, Inc. (FINR) appeals a judgment in a wrongful death case arising from the death of Michael Lieux (Lieux), who was a resident of FINR's facility in Hardee County for the long-term care of brain-injured individuals. Lieux's death occurred shortly after he was subdued and held in a prone position on the floor by FINR's employees who used a physical restraint technique called "therapeutic containment....

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