Lee Memorial Health System v. Martinez
In a medical negligence/wrongful death action filed in Miami-Dade County, the Third District reversed orders denying the defendants' motions to transfer venue to Lee County. The court held the common law home venue privilege required suit against Lee Health (a political subdivision) in Lee County, rejecting the argument that section 768.28(1) statutorily waived the privilege, and held the cause of action accrued in Lee County where the allegedly negligent treatment occurred, not in Miami-Dade County where the decedent later died.
Key facts
- Plaintiff filed a medical negligence and wrongful death action against Lee Memorial Health System in Miami-Dade County following a patient's death.
- The trial court denied defendants' motions to transfer venue to Lee County, where the allegedly negligent treatment occurred.
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Why it matters
The opinion gives defense counsel a clean statement that section 768.28(1) does not operate as a blanket legislative waiver of the home venue privilege in tort suits against state agencies and subdivisions — a recurring… — full analysis with a trial
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