eBook details
- Title: Francis Arthur Pflegl v. State Florida
- Author : En Banc. Supreme Court of Florida
- Release Date : January 20, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The plaintiffs, who are appellants here, filed a complaint in the Circuit Court charging that the defendant, hospital, negligently and carelessly failed to provide adequate or proper supervision and attendance of the infant plaintiff while said infant was a patient in the hospital. It was further alleged that such negligence resulted in the infant being permitted to strangle and to "stop breathing" for a period of approximately 45 minutes, with resulting physical injuries. The trial court entered a summary final judgment for the defendant hospital and this appeal followed. We hold that there was a material question of fact as to defendants alleged negligence in that the facts established by the pleadings, depositions and affidavits on file were such that negligence could logically be found by reasonable men. We therefore reverse and remand the cause for trial.