Shores v. Wegmann, 370 So. 2d 87

Paul G. Komarek of Mann & Komarek, P.A., Lynn Haven, for appellant.

J. Robert Hughes of Barron, Redding, Boggs & Hughes, Panama City, for appellee.

PER CURIAM.

Shores appeals a final summary judgment entered in favor of appellee, Dr. Wegmann. Shores argues that summary judgment was not proper because appellee failed to conclusively show that Wegmann exercised the degree of skill or care consistent with the standards of his community or of a comparable community in rendering medical care to the decedent. We agree and reverse.

A careful reading of the record shows that it is silent with regard to whether Wegmann exercised the degree of skill required to preclude liability. A record that is silent on a determinative issue of fact forecloses summary judgment, for the movant‘s burden is to show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Glass v. Camara, 369 So.2d 625 (Fla. 1st DCA 1979). Reversed and Remanded.

MELVIN, Acting C.J., and BOOTH and LARRY SMITH, JJ., concur.

Case Details

Case Name: Shores v. Wegmann

Court Name: District Court of Appeal of Florida

Date Published: May 1, 1979

Citations: 370 So. 2d 87; LL-81

Docket Number: LL-81

Court Abbreviation: Fla. Dist. Ct. App.