ESTATE OF ROTELL EX REL. ROTELL v. KUEHNLE

No. 2D09-501.

38 So.3d 783 (2010)

ESTATE OF Mathew ROTELL, by and through the personal representative, Stephen L. ROTELL, Stephen L. Rotell, individually, and Adam Rotell, a minor, by and through his natural guardian, Stephen L. Rotell, Appellants, v. Kathryn KUEHNLE, Kristina Gaime, Lifepath, Inc. d/b/a/ Lifepath Hospice, a Florida corporation, and Department of Children and Family Services, Appellees.

District Court of Appeal of Florida, Second District.

June 2, 2010.


Attorney(s) appearing for the Case

Gene Odom and Garett Raines of Martinez-Odom Law Group, P.A., Brandon, and Michael S. Finch, Gulfport, for Appellants.

Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellee Kathryn Kuehnle.

No appearance for Appellees, Kristina Gaime, Lifepath, Inc. d/b/a Lifepath Hospice, and Department of Children and Family Services.


FULMER, CAROLYN K., Senior Judge.

Stephen Rotell, Adam Rotell, and the Estate of Mathew Rotell appeal a final summary judgment entered in favor of Kathryn Kuehnle, Ph.D., with respect to their claims against her for wrongful death, negligence, and loss of consortium. Because we conclude that the circuit court erred in determining that the Rotells failed to allege a legal duty recognized under Florida law, we reverse and remand for further proceedings.

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