Gonzalez v. Metropolitan Dade County Public Health Trust

COPE, Judge

(specially concurring).

I concur that affirmance is required by Kirksey v. Jernigan, 45 So.2d 188 (Fla.1950), and concur in the certification of the question. In my view Restatement (Second) of Torts section 868 (1979) represents the better rule, see generally State v. Powell, 497 So.2d 1188, 1191-92 & n. 3 (Fla.1986), cert. denied, 481 U.S. 1059, 107 S.Ct. 2202, 95 L.Ed.2d 856 (1987), but adoption of the Restatement position must come from the Supreme Court rather than this court.