EDGARDO A. FERRETTI, APPELLANT,
v.
BASTOS DE OLIVERA WEBER AND NATIONAL CAR RENTAL SYSTEM, INC., UNIVERSAL TILE, INC., AND MAERSK CONTAINER SERVICE COMPANY, INC., APPELLEES
PER CURIAM.
The trial court dismissed an action seeking recovery for physical and emotional injury resulting from the emotional impact of witnessing an automobile accident when the plaintiffs “live in” ladyfriend was killed. We affirm.
There was no marriage and therefore no legal relationship between the plaintiff and the deceased and therefore no cause of action for emotional distress. Champion v. Gray, 478 So. 2d 17 (Fla.1985). Even if this legal relationship existed, the matter should have still been dismissed as there was no impact or demonstrable physical injury. Brown v. Cadillac Motor Car Division, General Motors Corp., 468 So. 2d 903 (Fla.1985).
The final order of dismissal is affirmed.
Affirmed.
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Reynolds v. State Farm Mut. Auto. Ins. Co. & Allstate Ins. Co., 611 So. 2d 1294 (Fla. 4th DCA 1992)…unters-that Tanya’s claim for damages due to Oswald’s death is barred for the reasons that the impact rule is applicable and Tanya’s claim does not fall within the exception created by Champion. We agree and find that Champion and Ferretti v. Weber, 513 So. 2d 1333 (Fla. 3d DCA), cause dismissed, 519 So. 2d 986 (Fla.1987), clearly support the trial court’s ruling that Tanya cannot recover for her “psychic injury, emotional pain and suffering and grief” due to Oswald’s death. Tanya’s first argument, that since…
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- Walton D. Champion v. Gray, 478 So. 2d 17 (Fla. 1985)
- Brown v. Cadillac Motor CAR Division, 468 So. 2d 903 (Fla. 1985)