Florida Law Weekly – April 5, 2019
Tabraue v. Dostors Hospital – 3rd DCA
In this wrongful death case, the Court held that there was no non-delegable duty existed in the context of a hospital providing non-negligent emergency care to patients via common law, statutes, express contracts or implied contracts. In rejecting the argument that a patient’s admission to an emergency room creates an implied contractual relationship with the hospital, the Court disagreed with contradictory holdings of the 4th District Court of Appeal and certified conflict.
Sentz and Geico v. Tracy – 5th DCA
In this case, the plaintiff was awarded attorneys fees and costs as a result of the defendants’ denial of requests for admissions. The requests sought an admission that the defendants acted negligently. The 5th District reversed, holding that requests for admissions that go to ultimate issues are improper.