June 8, 2009
Contact: Eric W. Boyer, Esq.
(305) 670-1101 Ext. 1023
TAMPA, Fla. – QPWB partner Todd M. Smayda (Tampa) has secured the dismissal of a lawsuit against his client, a Tampa Bay area hospice provider. The complaint alleged general negligence claims regarding patient care; violations of Florida Statutes, Chapter 415; and a breach of fiduciary duty. Smayda argued that the general negligence claim was a thinly-veiled nursing malpractice claim filed past the statute of limitations. The court dismissed all the claims, and specifically dismissed the nursing negligence claims with prejudice, barring the return of any malpractice claims. The plaintiff filed an amended complaint in an attempt to continue the lawsuit, but upon the filing of Smayda’s second motion to dismiss, the plaintiff voluntarily agreed to dismiss all claims.
Quintairos, Prieto, Wood & Boyer, P.A., is a Florida-based law firm providing legal services to corporations, government entities and individuals in the areas of commercial and civil litigation. With six offices throughout the State including Miami, Ft. Lauderdale, Orlando, Tampa, Jacksonville and Tallahassee, and attorneys licensed in several states including the U.S. Virgin Islands.