Cintron v. St. Joseph’s Hosp. (Summary)

SUMMARY JUDGMENT

Cintron v. St. Joseph’s Hosp., No. 2D12-494 (Fla. Dist. Ct. App. May 3, 2013)

The District Court of Appeal of Florida reversed a trial court’s grant of summary judgment in favor of a hospital.  A family brought suit against the hospital after its staff refused to treat their daughter for an asthma attack on two occasions.  The appellate court held that the grant of summary judgment was inappropriate because the hospital’s motion for summary judgment did not address the theory of the complaint: “Although the short complaint is not a model pleading, it obviously seeks to hold the hospital liable for the statutory violations committed by the hospital’s employees in the course and scope of their employment.”  The trial court never resolved the issue of whether or not the hospital can be liable for the actions of its employees, so the grant of summary judgment was reversed.