Survival Of Actions

131 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Waller v. First Sav. & Tr. Co.
  103 Fla. 1025· Fla.· 1931-12-23 ·cited 144×
  The Florida Supreme Court holds that a cause of action in tort for personal injuries does not die with the tortfeasor under Florida law, thus allowing a plaintiff to sue the administrator of a deceased tortfeasor's estate for compensatory damages. The court overrules or modifies
• Hattie Brazier v. Cherry
  293 F.2d 401· 5th Cir.· 1961-07-07 ·cited 126×
  The court held that 42 U.S.C.A. § 1988, when applied with the Georgia Survival Statute, creates a cause of action not intended by Congress. The dissent argues this circumvents limitations in § 1986.
• Forrest H. AKE and Mittie AKE v. Birnbaum
  156 Fla. 735· Fla.· 1945-07-20 ·cited 94×
  The Florida Supreme Court considered whether an executrix could recover damages on behalf of her deceased estate for injuries suffered before death in an automobile accident involving gross negligence. The court held that while damages for pre-death pain and suffering are recover
• Rapp v. Honorable Francis L. VAN Dusen
  350 F.2d 806· 3d Cir.· 1965-08-10 ·cited 67×
  The majority held that the respondent judge erred in denying a recusal request, even without a statutory violation, to avoid the appearance of partiality.
• Spohr v. Berryman
  589 So. 2d 225· Fla.· 1991-09-26 ·cited 51×
  The Florida Supreme Court held that claims against a decedent's estate based on a marital settlement agreement requiring the decedent to devise at least half his estate to his ex-wife and children must be filed as formal claims under the nonclaim statute within three months of ad
• In re AIR Crash Disaster Near Chicago
  644 F.2d 594· 7th Cir.· 1981-01-05 ·cited 51×
  The court held that under applicable state choice-of-law rules, punitive damages cannot be allowed against either the manufacturer or the airline in these wrongful death actions.
• Barnes Coal Corp. v. Retail Coal Merchs. Ass'n
  128 F.2d 645· 4th Cir.· 1942-05-29 ·cited 50×
  An action for damages under federal antitrust laws survives the death of a party and is therefore subject to the longer, five-year statute of limitations, not the one-year limitation for actions that do not survive.
• Haley v. PAN Am. World Airways, Inc.
  746 F.2d 311· 5th Cir.· 1984-11-16 ·cited 43×
  Louisiana law permits recovery for a decedent's pre-impact fear, and the evidence was sufficient to support the jury's award for this element of damages, but the award for loss of love and companionship was excessive.
• Barrett v. United States
  689 F.2d 324· 2d Cir.· 1982-09-13 ·cited 42×
  The court held that disputed factual issues regarding the accrual of the plaintiffs' claims under the Federal Tort Claims Act and § 1983, stemming from alleged government concealment of wrongdoing, preclude summary judgment and require a trial.
• Maiorana v. MacDONALD
  596 F.2d 1072· 1st Cir.· 1979-04-18 ·cited 41×
  Summary judgment for all defendants was proper because the plaintiff's counteraffidavits failed to raise a genuine issue of material fact regarding the officers' good faith and reasonable belief that deadly force was necessary.
• Horner v. Ferron
  362 F.2d 224· 9th Cir.· 1966-05-24 ·cited 40×
  The court held that the death of a plaintiff does not moot the appeal or abate the action, and that the district court erred in denying leave to file a complaint under Section 501(b) of the LMRDA based on defenses that required resolution of complex legal or factual issues.
• Taylor v. Orlando Clinic
  555 So. 2d 876· Fla. 5th DCA· 1989-11-22 ·cited 38×
  This case addresses whether a patient's personal injury negligence action and a wrongful death action arising from the same alleged medical malpractice constitute impermissible splitting of a cause of action. The court held that the personal injury action abated upon the patient'
• Mrs. Mary Ellen Pritchard v. Smith
  289 F.2d 153· 8th Cir.· 1961-04-26 ·cited 38×
  A civil rights action brought under 42 U.S.C.A. § 1983 for personal injuries survives the death of the defendant tortfeasor.
• Gaylon H. McGOWAN ad Prosequendum of the Estate of McGowan v. Univ. OF Scranton
  759 F.2d 287· 3d Cir.· 1985-04-12 ·cited 36×
  The court held that the discovery rule may apply to toll the statute of limitations for wrongful death and survival actions under 42 Pa.Cons.Stat.Ann. § 5524(2), as its language referring to 'accrual' is ambiguous and distinct from prior statutes triggered by 'death'.
• Bowles v. Farmers Nat. Bank of Lebanon
  147 F.2d 425· 6th Cir.· 1945-02-16 ·cited 36×
  An action for treble damages under the Emergency Price Control Act for violations of price regulations is penal in nature and therefore abates with the death of the alleged violator.
• Ciccarelli v. Carey Canadian Mines, Ltd.
  757 F.2d 548· 3d Cir.· 1985-03-12 ·cited 34×
  The court held that while the discovery rule does not apply to toll the statutes of limitation at issue, the doctrine of estoppel might, but the plaintiffs' offer of proof was insufficient to establish estoppel.
• Atlas Props., Inc. v. Didich
  226 So. 2d 684· Fla.· 1969-09-17 ·cited 33×
  The Florida Supreme Court held that punitive damages are recoverable by the personal representative of a deceased injured party under Florida's survival of actions statute. The decision addressed whether a child who drowned when her arm caught in an uncovered pool drain could hav
• Niemi v. Niemi
  862 So. 2d 31· Fla. 2d DCA· 2003-09-24 ·cited 32×
  This case addresses the procedural complexity that arises when a personal injury plaintiff dies before trial. The court held that Florida law does not automatically abate a personal injury action upon the plaintiff's death; rather, the estate's representatives must be substituted
• Smith v. NO. 2 Galesburg Crown Fin. Corp.
  615 F.2d 407· 7th Cir.· 1980-01-15 ·cited 32×
  The court held that TILA counterclaims filed more than one year after the alleged violations are time-barred, a Wage Earner's Plan does not survive conversion to straight bankruptcy if payments were not completed, and TILA actions survive the death of the plaintiff as a matter of
• In re The Complaint of Bankers Tr. Co. v. Bethlehem Steel Corp.
  752 F.2d 874· 3d Cir.· 1984-12-31 ·cited 30×
  The court held that the district court erred in failing to apply Indian law to the power of attorney and in not applying the Garrett standard of scrutiny to the release executed by the seaman's mother.
• Bd. OF Trs. OF the W. Conf. OF Teamsters Pension Tr. Fund v. H.F. Johnson, Inc.
  830 F.2d 1009· 9th Cir.· 1987-10-16 ·cited 27×
  Joint venturers can be held personally liable for their business's withdrawal obligations under ERISA, and ERISA preempts state non-claim statutes that bar such actions against a decedent's estate.
• Jacobson v. New York
  206 F.2d 153· 1st Cir.· 1953-07-14 ·cited 26×
  The court held that the district court correctly dismissed the case for lack of federal question jurisdiction, as the Safety Appliance Acts do not create a private right of action for passengers, and diversity jurisdiction was absent.
• Silkwood v. The Kerr-McGEE Corp.
  637 F.2d 743· 10th Cir.· 1980-12-03 ·cited 24×
  The court held that the National Labor Relations Board's exclusive jurisdiction did not preempt claims involving deprivation of constitutional rights, but that the § 1985(3) claims failed for lack of class-based animus and the Bivens claim failed because the alleged violations oc
• Jacksonville St. Ry. Co. v. Adelaide M. Chappell
  22 Fla. 616· Fla.· 1886-06-01 ·cited 24×
  The Florida Supreme Court held that a negligence action for personal injury brought by a passenger against a common carrier dies with the plaintiff under Florida law. The court determined the declaration was framed as an action in tort for breach of duty rather than on contract,
• Coffee v. Groover
  20 Fla. 64· Fla.· 1883-06-01 ·cited 24×
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict awarding the Groover heirs recovery of 48/49ths of disputed land in Madison County and $500 in damages against Coffee. The court held that grants by a government de facto of disputed territory are valid,
• Boyd v. R.A. Bulala, M.D.
  877 F.2d 1191· 4th Cir.· 1989-06-12 ·cited 23×
  The court held that Virginia's statutory cap on medical malpractice damages is constitutional and does not violate federal or state jury trial rights, separation of powers, due process, or equal protection. It also affirmed the jury's findings on vicarious liability, emotional di
• Clay L. Shaw v. Garrison
  545 F.2d 980· 5th Cir.· 1977-01-24 ·cited 23×
  A Section 1983 action instituted by a plaintiff prior to death survives in favor of the estate as a matter of federal common law, even if state law would cause abatement.
• Matthews v. Olive M. Matthews & Soft Water Laundry, Inc.
  177 So. 2d 497· Fla. 2d DCA· 1965-07-09 ·cited 23×
  An estate administrator sued to recover shares of corporate stock allegedly fraudulently transferred by a controlling shareholder after the decedent's death. The trial court dismissed after finding insufficient evidence of fraud and that the claim was barred by laches. The appell
• Hall v. Honorable George Wooten
  506 F.2d 564· 6th Cir.· 1974-11-19 ·cited 22×
  A cause of action for deprivation of civil rights under 42 U.S.C. § 1983 survives the death of the injured person and may be brought by their legal representative.
• Ransom v. Brennan
  437 F.2d 513· 5th Cir.· 1971-01-11 ·cited 22×
  A federal court must properly serve a deceased party's representative under Rule 4 to obtain personal jurisdiction over them, even if the court had jurisdiction over the deceased. Actual notice or service on the deceased's attorney is insufficient.
• In re Sylvania Elec. Prods. Inc.
  220 F.2d 423· 1st Cir.· 1955-03-16 ·cited 22×
  The court held that a writ of mandamus is not appropriate to review an interlocutory order allowing substitution of a deceased patentee's executrix, as it circumvents the statutory scheme for appellate review of final decisions.
• Rosa v. Cantrell
  705 F.2d 1208· 10th Cir.· 1982-12-10 ·cited 20×
  The court held that service of process on the defendant's wife at his usual place of abode was valid, and the statute of limitations was tolled due to his absence and concealment, thus the wrongful death claim was timely commenced.
• State v. Parks
  129 Fla. 50· Fla.· 1937-07-31 ·cited 20×
  The Florida Supreme Court held that a negligence action for personal injuries survives the death of the injured plaintiff and may be maintained by the administrator of the deceased's estate, construing Florida's survivorship statute to allow all personal injury actions except tho
• Leanna Jaco v. Bloechle
  739 F.2d 239· 6th Cir.· 1984-07-24 ·cited 19×
  A Section 1983 civil rights claim can survive a decedent's death under Ohio law if the state's survival statute is not inconsistent with federal policy, even if the death was instantaneous.
• Davis v. Or. State Univ.
  591 F.2d 493· 9th Cir.· 1978-11-13 ·cited 19×
  A claim for violation of a liberty interest does not survive the death of the individual whose interest was allegedly violated, and absent a protectable liberty interest, a § 1983 claim for damages is not viable.
• Rosin v. Peninsular Life Ins. Co.
  116 So. 2d 798· Fla. 2d DCA· 1960-01-06 ·cited 19×
  Executors of a deceased insurance applicant sued an insurance company for negligence and fraud based on the company's alleged failure to timely process an application for life insurance before the applicant's death four days after submitting the application. The court affirmed di
• Kahn v. Wolf
  151 Fla. 863· Fla.· 1942-11-20 ·cited 19×
  The Florida Supreme Court affirmed a jury verdict awarding damages to the appellees for injuries sustained in an automobile collision, holding that the trial court properly applied traffic ordinance rules regarding right-of-way and that causes of action for personal injuries surv
• Graham v. Milky WAY Barge, Inc.
  824 F.2d 376· 5th Cir.· 1987-08-17 ·cited 18×
  The court held that the vessel's operation beyond the express navigational and operational limits of the insurance policies voided coverage, and that the insurers did not act arbitrarily in denying coverage, thus precluding attorney's fees. The court also found that Chevron was n
• Downie v. United States Lines Co.
  359 F.2d 344· 3d Cir.· 1966-04-01 ·cited 18×
  The court held that while a plaintiff can recover damages for the economic consequences of a shortened life expectancy, recovery for the shortening of life itself as a distinct, per se element of damages is not permissible under federal law.
• Pierce v. Allen B. du Mont Labs., Inc.
  297 F.2d 323· 3d Cir.· 1961-11-29 ·cited 16×
  A patent infringement cause of action survives the death of the patent owner, and a later patent is invalid for double patenting if it claims the same invention as an earlier patent, absent specific circumstances justifying an exception.
• Moore-McCORMACK Lines, Inc. v. Claire S. McMAHON under the will of Patrick McMahon
  235 F.2d 142· 2d Cir.· 1956-06-29 ·cited 16×
  The court held that cross-libels are permissible in admiralty limitation proceedings, even when filed against the estates of deceased officers, and that the claims should be remanded for trial.
• Roscoe James v. Home Constr. Co. OF Mobile, Inc.
  621 F.2d 727· 5th Cir.· 1980-07-15 ·cited 15×
  The court held that a Truth-in-Lending Act rescission claim survives the death of the obligor, but that such claims cannot be brought as class actions.
• Guyton v. Phillips
  606 F.2d 248· 9th Cir.· 1979-08-16 ·cited 15×
  The Civil Rights Act does not provide a cause of action for alleged violations of a deceased person's civil rights that occurred after their death.
• O'Leary v. United States Lines Co.
  215 F.2d 708· 1st Cir.· 1954-09-01 ·cited 15×
  The court held that there was insufficient evidence to find the shipowner causally negligent under either state or maritime law, and affirmed the directed verdict.
• Kirk v. Commissioner of Internal Revenue
  179 F.2d 619· 1st Cir.· 1950-02-02 ·cited 15×
  Liability for the 50% additions to tax for fraud survives the taxpayer's death and may be asserted against his estate.
• Luna Dale Roscoe v. Roscoe
  379 F.2d 94· D.C. Cir.· 1967-04-14 ·cited 14×
  The court held that the wife's claim, though barred by District of Columbia interspousal immunity law, was actionable under North Carolina law, and her husband's death removed the basis for the immunity doctrine, allowing the suit to proceed.
• Nordquist v. United States Tr. Co. of N.Y.
  188 F.2d 776· 2d Cir.· 1951-05-07 ·cited 14×
  The court held that the Jones Act contains an implied survivorship provision, allowing a wrongful death action against the estate of a deceased tortfeasor.
• Jones v. Townsend
  23 Fla. 355· Fla.· 1887-06-01 ·cited 14×
  The Florida Supreme Court held that a libel action abates upon the plaintiff's death and does not survive to the personal representative, consistent with common law and statutory provisions treating personal injury actions as non-survivable. The court reversed a judgment obtained
• Lee v. Puleston
  102 Fla. 1079· Fla.· 1931-10-01 ·cited 13×
  The Florida Supreme Court reversed a judgment sustaining a demurrer to a suit on a joint promissory note executed by three persons, one of whom died before the note matured. The court held that Florida statute had abrogated the common law rule requiring the representative of a de