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NEWBOLD-FERGUSON v. AMISUB

No. 4D09-3610.

85 So.3d 502 (2012)

Staria T. NEWBOLD-FERGUSON, as Personal Representative of the Estate of Ivan Warmsley Ferguson, deceased, for and on behalf of lawful survivors/claimants, Staria T. Newbold-Ferguson, surviving spouse, Vanessa Ferguson, surviving minor child, and Ivina Florence Ferguson, surviving minor child, Appellants, v. AMISUB (NORTH RIDGE HOSPITAL), INC. d/b/a North Ridge Medical Center, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 8, 2012.

Attorney(s) appearing for the Case

Harvey J. Sepler , Hollywood, for appellants.

Donna M. Krusbe of Billing, Cochran, Lyles, Mauro & Ramsey, P.A., West Palm Beach, for appellee.

TAYLOR, J.

Plaintiff Staria Newbold-Ferguson appeals a final judgment entered upon a defense verdict for the North Ridge Medical Center in her suit against the hospital for the wrongful death of her husband. Because the plaintiff had the ability to state a legally viable non-delegable duty claim against the hospital, based on the emergency room doctor's alleged negligence, we reverse.

By way of background, in December 2000 Ivan Ferguson underwent back surgery...

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