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Ellen M. Carr v. Broward County

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eBook details

  • Title: Ellen M. Carr v. Broward County
  • Author : Supreme Court of Florida
  • Release Date : January 16, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

This cause is before the Court on petition for review of the Fourth District Court of Appeals decision in Carr v. Broward County, 505 So.2d 568 (Fla. 4th DCA 1987). The Fourth District found Carrs medical malpractice action, filed more than nine years after the alleged incident causing brain damage to her newborn child, was barred by the statute of repose provisions contained in section 95.11(4)(b), Florida Statutes (1975). In so holding, the district court acknowledged conflict with Phelan v. Hanft, 471 So.2d 648 (Fla. 3d DCA 1985), appeal dismissed, 488 So.2d 531 (Fla. 1986). We have jurisdiction. Art. v. ? 3(b)(3), Fla. Const. We approve the instant decision and disapprove Phelan.


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