Cases

LAGOA, Judge. Barbara Ann Thomas-Robinson, as personal representative of the Estate of Leroy Lawrence, and Traci Cooper, as legal parent and guardian of Trevor Lawrence (collectively “Appellants”), appeal from an order dismissing a medical malpractice complaint for failure to comply with the presuit discovery requirements of Section 766.106, Florida Statutes (2006). Because we find that Appellee, Dr. Joseph Scott, was not

PARKER, Justice (concurring specially). Today, this Court reaffirms that the lives of unborn children are protected by Alabama’s wrongful-death statute, regardless of viability. I write separately to explain why the Supreme Court’s decision in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), does not bar the result we reach today and to emphasize the diminishing influence of Roe’s v

BENTON, J. Richard Allen Beck, an otolaryngologist, appeals the final judgment entered in the medical malpractice case Richard and Kim Holloway brought against him. We affirm the judgment insofar as it rejects his statute of limitations defense, but reverse and remand for a new trial on damages. Five days after Dr. Beck operated to remove polyps from Richard Holloway’s sinuses, Mr. Holloway was diagnosed wit

KELLY, Judge. In this medical malpractice action brought by Luis Torres through his mother, Maria Torres, to recover for birth-related injuries, the trial court entered judgment for the appellees, Sarasota County Public Hospital Board, d/b/a Sarasota Memorial Hospital; Gary W. Easter-ling, M.D.; Gary W. Easterling, M.D., P.A.; and the Sarasota County Health Department. The judgment in favor of the appellees followed the entry

LARSEN, Justice, dissenting. I dissent. The definite trend, and the overwhelming weight of authority (by a margin of more than 2 to 1 1), *493recognizes the right of recovery for the wrongful death of an unborn child resulting from injuries sustained while in its mother’s womb. As I believe this trend to be the better

PER CURIAM. It is undisputed that the trial court erred by awarding attorney’s fees and costs to Appellees, as their offer of judgment was not timely filed under section 768.79, Florida Statutes (1995). Knealing v. Puleo, 675 So.2d 593 (Fla.1996). Therefore, as to attorney’s fees and costs, we reverse and remand for modification consistent with Knealing. In all other respects, the judgment is affirmed.

972 So.2d 901 (2007) The CITY OF KEY WEST, Appellant, v. DUCK TOURS SEAFARI, INC., Appellee. No. 3D05-1864. District Court of Appeal of Florida, Third District. November 14, 2007. *902 Robert Tischenkel; Greenberg Traurig, P.A., and Elliot H. Scherker, and Daniel M. Samson, Miami, for appellant. Hicks & Kneale, P.A. an

891 So.2d 1205 (2005) Grace BROZ, Appellant, v. Eugenio RODRIGUEZ, M.D., Eugenio Rodriguez, M.D., P.A., Jeffrey C. Fernyhough, M.D., and Florida Back Institute, Inc., Appellees. No. 4D03-4885. District Court of Appeal of Florida, Fourth District. February 2, 2005. Jane Kreusler-Walsh, Chales T. Cone, Barbara J. Compiani of Jane Kreusler-Walsh, P.A., West Palm Beach,

771 So.2d 1271 (2000) Paul Gary NURKIEWICZ, Appellant, v. VACATION BREAK U.S.A., INC., Resort Yachts of America, Inc., and Serenity Yacht Club, Inc., Appellees. No. 4D99-3198. District Court of Appeal of Florida, Fourth District. November 22, 2000. *1272 Ronald Payne, Fort Lauderdale and Arnold Ginsberg of Ginsberg & Schwartz

651 So.2d 748 (1995) Linda J. BAUER and Russell C. Bauer, Appellants, v. Philip R. HARDY, M.D. and Philip R. Hardy, M.D., P.A., Appellee. No. 94-1422. District Court of Appeal of Florida, First District. March 6, 1995. James R. Thies, Sr., Orange Park, for appellants. Carl Scott Schuler, Law Offices of Tygart & Schuler, P.A., Jacksonville, for appellee.</

401 F.Supp.2d 1334 (2005) TIG INSURANCE COMPANY, Plaintiff, v. SMART SCHOOL, Curtis Gordon, and J.J., a minor by her parent, Defendants. No. 04-22178-CIV. United States District Court, S.D. Florida. October 6, 2005. *1335 *1336 Joshua D. Lerner, Michael Roland Holt, Rumberger Kirk & Caldwe

961 So.2d 340 (2007) Maria TORRES, as parent and natural guardian of Luis Torres, a minor child, Appellant, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD, d/b/a Sarasota Memorial Hospital; Gary W. Easterling, M.D.; Gary W. Easterling, M.D., P.A.; and Sarasota County Health Department, Appellees. No. 2D04-1634. District Court of Appeal of Florida, Second District. April 13, 2007.

JOHNSON, Judge, concurring. I agree that the wrongful death and survival actions should have been dismissed. However, I would look to whether an injury had been alleged sufficient to support a cause of action prior to considering the viability of the fetus as an element of recovery. These actions had been consolidated for trial prior to this appeal. The defendants had filed preliminary object

686 F.Supp.2d 663 (2010) CONCERNED CITIZENS AROUND MURPHY v. MURPHY OIL USA, INC. Civil Action No. 08-4986. United States District Court, E.D. Louisiana. February 4, 2010. *666 Adam Babich, Andrew Seidel, Casey Scott, Corinne Van Dalen, Tulane Environmental Law Clinic, New Orleans, LA, Jill Marie Witkowski, Jill M. Witkowski, Att

802 So.2d 346 (2001) ANESTHESIOLOGY CRITICAL CARE & PAIN MANAGEMENT CONSULTANTS, P.A., d/b/a St. Mary Anesthesia Associates, Appellant, v. Kathleen S. KRETZER, as parent and natural guardian of Amanda J. Kretzer, a minor, Appellee. Nos. 4D00-2514, 4D00-2966. District Court of Appeal of Florida, Fourth District. October 3, 2001. Rehearing Denied January 8, 2

778 So.2d 381 (2001) Nila WILBUR, M.D.; Gardens Radiology Associates, P.A.; Richard Sarner, M.D.; Derek P. Brock, M.D.; Derek P. Brock, M.D., P.A.; Jaime Zighelboim, M.D.; Mitchell S. Flaxman, M.D.; and Koerner, Taub & Flaxman, M.D., P.A., Appellants, v. Calvin HIGHTOWER, Personal Representative of the Estate of Barbara Hightower, Appellee. Nos. 4D00-1175, 4D00-1176, 4D00-1194, and 4D00-1195. Distr

PARKER, Justice (concurring specially). In Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), the United States Supreme Court created a fundamental right for pregnant women, allowing them to terminate their pregnancies through medical abortions under certain circumstances, in spite of the fact that those abortions resulted in the death of their unborn children. Subsequently, Roe <

*201OPINION OF THE COURT PAPADAKOS, Justice. Once again this Court is called upon to decide whether a right of recovery exists under our Wrongful Death Act1 and Survival Statute2 on behalf of a stillborn child who died as a result of injuries received en ventre sa mere. The f

530 F.3d 1339 (2008) LIQUIDATION COMMISSION OF BANCO INTERCONTINENTAL, S.A., Plaintiff-Counter-Defendant-Appellee, v. Luis Alvarez RENTA, Wadeville Investments, Ltd., Defendants-Counter-Claimants-Appellants, Bankinvest S.A., et al., Defendants. No. 06-15388. United States Court of Appeals, Eleventh Circuit. June 19, 2008. *1343

368 S.C. 254 (2006) 628 S.E.2d 284 CEDAR COVE HOMEOWNERS ASSOCIATION, INC., Respondent, v. Rudy DiPIETRO and Margaret L. DiPietro, Appellants. No. 4092. Court of Appeals of South Carolina. Heard February 6, 2006. Decided March 13, 2006. Rehearing Denied April 20, 2006. *256