123 So. 3d 1178
Fla. Dist. Ct. App.2013Background
- Marie Menendez sued West Gables Rehabilitation Hospital after an injury occurred during gait training of her mother.
- Amended complaint alleged premises liability and negligent gait training; no rescue doctrine pleaded or argued.
- Depositions showed the training occurred in the physical therapy center, not a hallway, with a gait belt and therapist supervising.
- Menendez was present behind a wheelchair, assisting but not in the immediate danger zone; she later jumped in to cushion her mother’s fall.
- The trial court granted summary judgment in favor of the Hospital; Menendez appealed, arguing negligence and rescue doctrine theories.
- The majority affirm the summary judgment, holding the rescue doctrine was not preserved for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rescue doctrine applicability to proximate cause | Menendez argued the rescue doctrine applies to establish proximate cause. | Hospital argues rescue doctrine was not pled or argued below and cannot be considered on appeal. | Rescue doctrine not preserved; cannot be considered on appeal. |
| Preservation of rescue doctrine argument | Rescue doctrine was implied through pleadings and evidence as part of negligence questions. | Rescue doctrine was never raised or invoked below; not preserved for review. | Rescue doctrine waived for review; affirmance of summary judgment. |
Key Cases Cited
- Reeves v. North Broward Hosp. Dist., 821 So.2d 319 (Fla. 4th DCA 2002) (restates rescue doctrine: rescuer and victim in peril; proximate cause foreclosed if not pled)
- Ruiz v. Westbrooke Lake Homes, Inc., 559 So.2d 1172 (Fla. 3d DCA 1990) (proximate cause and intervening acts; court may decide in favor of defendant)
- Goldberg v. Fla. Power & Light Co., 899 So.2d 1105 (Fla. 2005) (intervening superseding causes in negligence; independent acts may break chain)
- Sunset Harbour Condo. Ass’n v. Robbins, 914 So.2d 925 (Fla. 2005) (preservation of issues for appellate review; proper presentation required)
- Zwinge v. Hettinger, 530 So.2d 318 (Fla. 2d DCA 1988) (pleading-related rescue doctrine discussion; non-necessity of explicit pleading in some contexts)
- Ryder Truck Rental, Inc. v. Korte, 357 So.2d 228 (Fla. 4th DCA 1978) (rescue doctrine as a means to establish proximate cause)