Torts -- Medical malpractice -- Standard of care -- Action against cardiologist alleging that cardiologist was responsible for delay in obtaining surgical treatment that was necessary to restore blood flow after patient developed an occlusion following cardiologist's completion of balloon angioplasty -- Affidavit of plaintiff's expert that defendant's performance failed to meet standard of care because he failed to contact his surgical backup before beginning procedure to confirm that backup was in fact available was not inconsistent with expert's deposition testimony that defendant's performance fell below prevailing professional standard of care because he did not have “a surgeon on backup to allow him to be extricated from any type of danger situation should a complication occur” -- No one had asked expert at his deposition whether an unconfirmed arrangement for surgical backup with a surgeon who might or might not be available, depending on the occurrence of another emergency, met the prevailing professional standard of care -- Circuit court erred in striking and refusing to consider expert's affidavit -- Because affidavit would have disclosed existence of fact concerning prevailing professional standard of care required of defendant with respect to arrangements for surgical backup before beginning the procedure on the patient, circuit court erred in granting summary judgment in favor of defendant   Reported at 32 Fla. L. Weekly D2669a

Torts -- Nuisance -- Trespass -- Limitation of actions -- Continuing tort -- Error to enter adverse summary final judgments on plaintiff's claims that neighboring landowners were responsible for flooding on her property where issues of fact existed as to abatability of flooding during four years prior to filing suit -- In context of physical invasion of real property such as flooding claim, when statute of limitations begins to run on such claim turns upon whether the action is construable as a suit for permanent or temporary damages -- While evidence was presented that efforts to abate flooding by digging drainage ditches and adding fill dirt were unsuccessful, plaintiff presented evidence that flooding of her property was abatable upon construction of retaining wall and a water diversion system, and this was sufficient to create issue of fact as to abatability of flooding during four-year period prior to suit being filed
Reported at 32 Fla. L. Weekly D2658a
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