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MENENDEZ v. WEST GABLES REHABILITATION

No. 3D11-2587.

123 So.3d 1178 (2013)

Marie E. MENENDEZ, Appellant, v. WEST GABLES REHABILITATION HOSPITAL, LLC, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 14, 2013.

Attorney(s) appearing for the Case

Silverstein, Silverstein & Silverstein, P.A., and Gregg A. Silverstein , and Darryn L. Silverstein , Aventura; The Powell Law Firm, P.A., and Brett C. Powell , P. Brandon Perkins , Palmetto Bay , and Kristen Perkins , for appellant.

Quintairos, Prieto, Wood & Boyer, P.A., and Jeanette Bellon , Miami, and Robert J. Cousins , Ft.Lauderdale, for appellee.

Before LAGOA and LOGUE, JJ., and SCHWARTZ, Senior Judge.

LOGUE, J.

Marie E. Menendez sued West Gables Rehabilitation Hospital, LLC after she was injured while another person received gait training at the Hospital. After the depositions of the witnesses were taken, the Hospital moved for summary judgment. The trial court granted the motion. Menendez appealed. Because Menendez's theories of liability depend upon the application of the "rescue doctrine," and the rescue doctrine was not pled or argued to the trial court below...

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