Supreme Court of Florida
VILLAZON v. PRUDENTIAL HEALTH CARE PLAN, INC., SC01-1397
A wrongful death action against decedent's health care provider, based on vicarious liability for a physician's negligence, is not subject to ERISA conflict preemption, and the state claim is actionable based on contractual provisions between physician and provider.
Appellate Information
- Decided 03/27/2003
- Published 03/27/2003
Judges
- LEWIS, J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- James C. Blecke of Deutsch & Blumberg, P.A., Miami, FL, for Petitioner., David J. Sales and Searcy Denney Scarola of Barnhart & Shipley, West Palm Beach, FL, for the Academy of Florida Trial Lawyers, Amicus Curiae., Louise H. McMurray of McIntosh, Sawran, Peltz & Cartaya, P.A., Miami, FL, for the Florida Association of Health Plans, Amicus Curiae., Joel L. Michaels, Barbara W. Mayers, and Robin J. Bowen of McDermott, Will & Emery, Washington, DC, for the American Association of Health Plans, Amicus Curiae.
- For Appellees:
- Steven M. Ziegler and Andres Gonzalez of the Law Offices of Steven M. Ziegler, P.A., Hollywood, FL, for Respondent.