QUESADA v. MERCY HOSPITAL, INC.

No. 3D09-1756.

41 So.3d 930 (2010)

Victor QUESADA, Appellant, v. MERCY HOSPITAL, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 24, 2010.


Attorney(s) appearing for the Case

Joseph S. Shook, Coral Gables, for appellant.

Wolpe Leibowitz Alvarez & Fernandez, and Mark A. Leibowitz and Alia A. Szopa, Miami; Lewis W. Fishman, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.


SALTER, J.

The appellant commenced a medical malpractice action against his surgeon and the hospital in which the surgery took place. A final summary judgment was granted for the hospital. The sole issue on appeal is whether the pleadings, affidavit, and deposition testimony of the appellant created a genuine issue of material fact regarding the surgeon's role as an alleged apparent agent of the hospital. Finding no such issue, we affirm.

The hospital established...

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