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FONTANEZ v. PARENTERAL THERAPY ASSOCIATES

No. 5D06-1363.

974 So.2d 1101 (2007)

Marisol FONTANEZ, Appellant/Cross-Appellee, v. PARENTERAL THERAPY ASSOCIATES, INC., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 25, 2008.

Attorney(s) appearing for the Case

Kenneth P. Hazouri and T. Kevin Knight, of de Beaubien, Knight, Simmons, Mantzaris & Neal, L.L.P., Orlando, for Appellant/Cross-Appellee.

Michael R. D'Lugo, of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Orlando, for Appellee/Cross-Appellant.

EVANDER, J.

Marisol Fontanez, personal representative of the estate of Eduina Zayas, brought a wrongful death action against Parenteral Therapy Associates, Inc., alleging that Ms. Zayas' death was the result of the defendant providing Zayas with a contaminated nutrient solution. The plaintiff initially sought damages under theories of strict liability, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and...

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