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INDIAN RIVER MEMORIAL HOSP. v. BROWNE

No. 4D10-284.

44 So.3d 237 (2010)

INDIAN RIVER MEMORIAL HOSPITAL, INC., Petitioner, v. Kathleen BROWNE, as Personal Representative of the Estate of Thomas Browne, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 2010.

Attorney(s) appearing for the Case

Lewis W. Murphy, Jr and Casey Walker of Murphy & Walker, P.L., Vero Beach, for petitioner.

Spencer T. Kuvin and Diana L. Martin of Leopold-Kuvin, P.A., Palm Beach Gardens, for respondent.

PER CURIAM.

We grant a petition for writ of certiorari and quash an order ruling that a negligence count was not subject to the presuit screening requirements of Chapter 766, Florida Statutes (2009).

On January 20, 2008, 76-year-old Thomas Browne was admitted to the emergency room at Indian River Hospital. While there, he fell off a stretcher and suffered head injuries that caused his death. Browne's estate sued the...

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