ANDREW v. SHANDS AT LAKE SHORE, INC.

No. 1D06-4995.

970 So.2d 887 (2007)

Connie ANDREW and William Andrew, individually, and Connie Andrew as Personal Representative of the Estate of Dustin Andrew, deceased, Appellants, v. SHANDS AT LAKE SHORE, INC., a Florida corporation, and The University of Florida Board of Trustees, Appellees.

District Court of Appeal of Florida, First District.

December 20, 2007.


Attorney(s) appearing for the Case

Rebecca Bowen Creed of Mills & Creed, Jacksonville; Alan E. McMichael of Stripling McMichael Stripling, Gainesville; Jon M. Herskowitz of The Herskowitz Law Firm, Miami, for Appellants.

Eric P. Gibbs of Hannah, Estes & Ingram, P.A., Orlando; Susan L. Kelsey of Anchors, Smith, Grimsley, Ft. Walton Beach, for Appellees.


PADOVANO, J.

This is an appeal from a final order dismissing a wrongful death complaint against a hospital. The trial court held that the hospital was protected by sovereign immunity because the doctor who was alleged to have been negligent in the care and treatment of the patient was employed by the state. We conclude that immunity afforded to the doctor as a state employee did not inure to the benefit of the hospital. Accordingly, we reverse.

The plaintiffs...

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