BAXTER v. NORTHRUP

No. 5D12-2913.

128 So.3d 908 (2013)

Charles N. BAXTER, Jr., Appellant, v. Tod NORTHRUP, D.O., An Individual, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 20, 2013.


Attorney(s) appearing for the Case

J. Alfred Stanley, Jr. , of Meyers & Stanley, Jacksonville, for Appellant.

Robert L. McLeod, II , and Elizabeth Scanlon Schoonover of The McLeod Firm, St. Augustine, for Appellee, Tod Northrup, D.O.

Benjamin W. Newman and Richard L. Barry of GrayRobinson, P.A., Orlando, for Appellee, Flagler Hospital, Inc.


TORPY, C.J.

Charles N. Baxter, Jr., appeals a final judgment entered in favor of Tod Northrup, D.O., and Flagler Hospital, Inc. (collectively "Appellees") in a medical malpractice case. He contends that the trial court erred by entering summary judgment in favor of Appellees on their statute of limitations defenses. Concluding that a question of fact exists as to when Mr. Baxter knew or should have known of the possibility of medical negligence, we reverse.

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