Patrick Wier Obtained a Summary Judgment in a Wrongful Death Case. Jason Azzarone Successfully Argues for Affirmance to the Fourth District Court of Appeal.

Patrick Wier was successful in arguing that Summary Judgment was appropriate in a case where the Plaintiff asserted wrongful death stemming from a suicide. Mr. Wier represented physicians who treated the decedent prior to his suicide. The Plaintiff asserted that the physicians should not have released decedent from the hospital without conducting a psychiatric evaluation. At Summary Judgment, Mr. Wier argued that a psychiatric evaluation was performed and further argued that the ultimate death of the decedent did not stem from any alleged medical negligence which occurred over a month later. Mr. Wier also argued that there was no duty to involuntarily commit the decedent. Finally, Mr. Wier argued that the Plaintiff’s expert could not opine that any of the Defendant’s actions caused the decedent’s death without the use of speculation. The Trial Court agreed and entered an Order granting Final Summary Judgment.

The Plaintiff appealed the Trial Court’s decision to the Fourth District Court of Appeal. On appeal, the Plaintiff/Appellant argued that the Trial Court erroneously granted the Motion for Summary Judgment because the physicians owed a duty to the decedent. The Plaintiff/Appellant also argued that genuine issues of material fact existed, precluding summary judgment. Following oral argument, the Fourth District Court of Appeal entered a Per Curiam Affirmance.