Grek v. CL Golden, LLC
A nursing home/medical negligence and wrongful death complaint was dismissed with prejudice after the trial court relied on presuit notices and a corroborating affidavit (not attached to the complaint) to conclude the claims were COVID-19-related and time-barred under section 768.381(5). The First DCA reversed, holding the limitations defense was not conclusively established on the face of the complaint and the trial court could not look beyond the four corners of the pleading.
Key facts
- Plaintiff sued a nursing home for medical negligence and wrongful death arising from alleged care deficiencies.
- The trial court dismissed the complaint with prejudice, relying on presuit notices and an expert affidavit not attached to the complaint to conclude the claims were COVID-19-related and time-barred under Florida's one-year limitations period for COVID-19 health care claims.
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Why it matters
This is a useful decision for plaintiffs facing early dismissal under Florida's COVID-19 health care provider statute, section 768.381. It confirms that defendants cannot import presuit notice materials or corroborating… — full analysis with a trial
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