Brown v. Florida Health Sciences Center, Inc.

Summary

The Florida Second District Court of Appeal reversed a final summary judgment for Tampa General Hospital in a negligence action arising from an attack by a hospital patient. The court held that material factual disputes remained regarding whether Brown was a trespasser or invitee and whether the hospital owed her a duty based on the foreseeable risk created by the patient's escalating behavior and the hospital's control over him.

Holdings

1. Brown's status could not be resolved on summary judgment because whether she remained within a reasonable time to complete the purpose of her visit, and whether TGH allowed her to remain, presented material factual issues for the jury.
2. The evidence created a triable issue whether TGH owed Brown a duty of care to protect her from the patient's conduct; TGH was not entitled to summary judgment based on the patient's lack of a specific diagnosis or TGH's asserted lack of precise knowledge of the condition.
3. Summary judgment for TGH was improper because genuine disputes of material fact remained concerning Brown's status, TGH's control over the patient, foreseeability of the risk, and whether TGH owed Brown a duty of care.

Questions Presented

1. Whether Brown's status as a trespasser or invitee could be resolved in TGH's favor on summary judgment.
2. Whether material factual disputes existed concerning whether TGH owed Brown a duty of care to protect her from the patient's attack.
3. Whether the evidence, including the patient's escalating behavior and TGH's history of patient attacks, created a foreseeable zone of risk sufficient to preclude summary judgment.

Disposition

reversed