Wrongful Death Statute

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

• Gillespie v. United States Steel Corp.
  379 U.S. 148· U.S.· 1964-12-07 ·cited 1663×
  The Court of Appeals erred in entertaining an appeal from a non-final order of the District Court, violating the finality rule of 28 U.S.C. § 1291.
• Richards v. United States
  369 U.S. 1· U.S.· 1962-02-26 ·cited 1117×
  Under the Federal Tort Claims Act, courts must apply the 'whole law' of the state where the negligent act or omission occurred, including that state's choice-of-law rules.
• Van Dusen v. Barrack
  376 U.S. 612· U.S.· 1964-03-30 ·cited 702×
  A change of venue under § 1404(a) is permissible even if the transferee forum's state law differs from the transferor forum's, provided the transfer is to a district where the action could have been brought under federal venue laws. The "interest of justice" requires that the tra
• Weber v. Aetna Cas. & Sur. Co.
  406 U.S. 164· U.S.· 1972-04-24 ·cited 378×
  The court held that Louisiana's statutory scheme, particularly La. Civ. Code, Art. 204, denied equal protection to illegitimate children by preventing them from qualifying as dependents.
• Offshore Logistics, Inc. v. Tallentire
  477 U.S. 207· U.S.· 1986-06-23 ·cited 243×
  The Court holds that § 7 of the Death on the High Seas Act (DOHSA) forecloses application of state remedies for wrongful deaths on the high seas, confining state courts to adjudicating causes of action brought under DOHSA.
• United AIR Lines, Inc. v. Wiener
  335 F.2d 379· 9th Cir.· 1964-06-24 ·cited 185×
  The court held that the district court correctly applied California law regarding the doctrine of res ipsa loquitur, and that there was sufficient evidence to support findings of negligence against both United and the government.
• Hess v. United States
  361 U.S. 314· U.S.· 1960-01-18 ·cited 174×
  The Court held that the Oregon Employers' Liability Law could be constitutionally applied to a maritime death action in state territorial waters, as admiralty courts enforce state statutes in such cases.
• Francis v. S. Pac. Co.
  333 U.S. 445· U.S.· 1948-03-15 ·cited 142×
  The Court held that the liability of an interstate carrier to a passenger riding on a free pass is governed by federal law, specifically the Hepburn Act, and not by state law.
• Edwards v. Sears
  512 F.2d 276· 5th Cir.· 1975-04-25 ·cited 139×
  The court held that prejudicial closing arguments and jury passion/prejudice tainted both liability and damages, necessitating a new trial.
• Bellsouth Telecomms., Inc. v. Meeks
  863 So. 2d 287· Fla.· 2003-10-16 ·cited 138×
  The Florida Supreme Court held that damages recoverable by a minor child under section 768.21(3) for loss of parental companionship and mental pain and suffering are not limited to the period of minority, but should be calculated based on the joint life expectancies of the minor
• Hughes v. Fetter
  341 U.S. 609· U.S.· 1951-06-04 ·cited 133×
  Wisconsin's statutory policy excluding causes of action created by another state's wrongful death act is forbidden by the Full Faith and Credit Clause when the forum state has significant ties to the parties and the cause of action.
• Fla. E. Coast Ry. Co. v. McRoberts
  111 Fla. 278· Fla.· 1933-07-06 ·cited 131×
  The Florida Supreme Court held that exemplary or punitive damages are not recoverable in wrongful death actions under Florida's death by wrongful act statute. The court reversed a jury verdict that included $22,500 in punitive damages and remanded for a new trial limited to compe
• Glona v. Am. Guar. & Liab. Ins. Co.
  391 U.S. 73· U.S.· 1968-05-20 ·cited 122×
  The Court held that denying a mother a right of action for the wrongful death of her illegitimate son violates the Equal Protection Clause of the Fourteenth Amendment.
• 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
• Global Travel Mktg., Inc. v. Shea
  908 So. 2d 392· Fla.· 2005-07-07 ·cited 93×
  The Florida Supreme Court held that a parent's agreement to binding arbitration on behalf of a minor child in a commercial travel contract is enforceable. The court distinguished between waiving substantive tort claims and merely choosing arbitration as a forum, finding that pare
• Huddell v. Levin
  537 F.2d 726· 3d Cir.· 1976-05-05 ·cited 93×
  The concurring judge believes the burden of apportioning damages should shift to the defendants when a plaintiff cannot reasonably do so, especially in cases involving concurrent tortfeasors and enhanced injuries from a defective product.
• First Nat'l Bank of Chicago v. United Air Lines, Inc.
  342 U.S. 396· U.S.· 1952-03-03 ·cited 82×
• Nolan v. Transocean Air Lines
  365 U.S. 293· U.S.· 1961-02-20 ·cited 80×
  The Court held that the Second Circuit should reconsider its affirmance of summary judgment in light of a new California Supreme Court dictum.
• Hopkins v. Lockheed Aircraft Corp.
  201 So. 2d 743· Fla.· 1967-02-01 ·cited 79×
  The Florida Supreme Court answered a certified question from the Fifth Circuit regarding which state's wrongful death law applies when a plane crash occurs in Illinois but involves a Florida resident passenger, Florida domiciliary executrix, and California manufacturer defendant.
• Vanlandingham v. Fla. Power & Light Co.
  154 Fla. 628· Fla.· 1944-06-23 ·cited 74×
  The court held that the Workmen's Compensation Act does not preclude a wrongful death action against a third party, and the defendant owed a high duty of care to the deceased employee of its contractor.
• Mrs. Margaret McCULLOUGH v. Beech Aircraft Corp.
  587 F.2d 754· 5th Cir.· 1979-01-12 ·cited 72×
  The court held that the directed verdict for Continental was proper, but the jury instructions regarding Beech's liability for design defect and failure to warn were erroneous, requiring a new trial against Beech.
• Stinson v. Prevatt
  84 Fla. 416· Fla.· 1922-10-10 ·cited 72×
  A widow sued a lumber company and its agent for the wrongful death of her husband, who was shot by the agent while supposedly acting to prevent labor interference. The Florida Supreme Court affirmed a jury verdict imposing liability on both the company and agent under the respond
• Griffin v. Workman
  73 So. 2d 844· Fla.· 1954-07-02 ·cited 70×
  The Florida Supreme Court reversed a trial court's dismissal of a wrongful death action brought by a father as administrator of his minor son's estate, holding that letters of administration granted after suit was filed relate back to the decedent's death, thereby validating the
• Ripley v. Ewell
  61 So.2d 420· Fla.· 1952-11-14 ·cited 70×
  The Florida Supreme Court held that a wife cannot sue for loss of consortium when her husband is injured by a third party's negligence. The court reasoned that while common law allowed husbands to sue for loss of consortium, this right was tied to outdated concepts of marital pro
• Popham v. City OF Talladega
  908 F.2d 1561· 11th Cir.· 1990-08-20 ·cited 67×
  The court held that the facts presented did not rise to the level of deliberate indifference required for a constitutional violation under 42 U.S.C. § 1983, and affirmed the grant of summary judgment.
• Grady Michael Higginbotham v. Ford Motor Co.
  540 F.2d 762· 4th Cir.· 1976-10-14 ·cited 64×
  The court held that Georgia's wrongful death statute does not encompass strict liability claims.
• Cooper v. Am. Airlines, Inc.
  149 F.2d 355· 2d Cir.· 1945-04-25 ·cited 64×
  A foreign personal representative suing for wrongful death in another state for the benefit of specific individuals has the capacity to sue in New York.
• Louisville & Nashville R.R. Co. v. Jones
  45 Fla. 407· Fla.· 1903-01-01 ·cited 63×
  The Florida Supreme Court reversed a wrongful death judgment against the Louisville and Nashville Railroad Company because the trial court erroneously instructed the jury on who qualifies as a statutory dependent for purposes of maintaining a wrongful death action. The case invol
• Zeagler v. Commercial Union Ins. Co. OF NEW York
  166 So. 2d 616· Fla. 3d DCA· 1964-07-28 ·cited 60×
  A widow sought recovery under uninsured motorist coverage for her husband's wrongful death, but the insurer challenged coverage in a declaratory judgment action. The court held that a surviving spouse has the right to recover for wrongful death under uninsured motorist provisions
• Dorse v. Armstrong World Indus., Inc.
  798 F.2d 1372· 11th Cir.· 1986-09-09 ·cited 59×
  The court held that the merits of the appeal were properly before it despite the consent judgment, and certified a question of Florida law regarding the government specification defense to the Florida Supreme Court.
• Garner v. Ward
  251 So. 2d 252· Fla.· 1971-07-07 ·cited 59×
  The Florida Supreme Court resolved a conflict between district courts on the proper interpretation of Florida's wrongful death statutes (§§ 768.01-768.03), holding that these statutes must be construed remedially to protect all family members and dependents economically dependent
• Epps v. Ry. Express Agency
  40 So. 2d 131· Fla.· 1949-02-08 ·cited 58×
  This case clarifies that a prior judgment against a widow's wrongful death claim can estop a subsequent survival action by the estate's administrator if both claims stem from the same negligent act and benefit the same parties. The court affirmed the lower court's decision, empha
• Pearson v. Ne. Airlines, Inc.
  309 F.2d 553· 2d Cir.· 1962-07-11 ·cited 56×
  A federal court sitting in New York may constitutionally apply New York's public policy regarding wrongful death recovery limits, even when the cause of action arises under a Massachusetts statute with a lower limit, provided New York has substantial contacts with the transaction
• Curtis v. CIA.
  241 F.2d 30· 3d Cir.· 1957-01-21 ·cited 56×
  The court held that a wrongful death claim based on a state statute is governed by that state's law, including its contributory negligence rules, while a survival claim based on a maritime tort continues the decedent's maritime right of action, subject to maritime comparative neg
• Kirk v. United States
  270 F.2d 110· 9th Cir.· 1959-08-25 ·cited 54×
  The court affirmed the judgment, holding that the decedent's contributory negligence barred recovery, and that the doctrine of last clear chance did not apply to extend liability for prior negligence that prevented effective rescue.
• State OF Md. v. United States
  165 F.2d 869· 4th Cir.· 1947-12-30 ·cited 53×
  The Federal Tort Claims Act (FTCA) provides its own statute of limitations, which applies regardless of shorter state law limitations, even if those state limitations are considered conditions precedent to the cause of action.
• Rhoads v. Ford Motor Co.
  514 F.2d 931· 3d Cir.· 1975-04-30 ·cited 52×
  The court held that the district court erred in submitting the issue of the plaintiff's negligence to the jury due to insufficient evidence, and therefore affirmed the judgment.
• Shearn v. Orlando Funeral Home, Inc.
  88 So. 2d 591· Fla.· 1956-06-08 ·cited 52×
  The Florida Supreme Court answered two certified questions about whether a prior wrongful death judgment bars a subsequent personal injury suit arising from the same accident. The Court held that res judicata does not bar the second action because they involve different causes of
• Cory v. Greyhound Lines, Inc.
  257 So. 2d 36· Fla.· 1971-12-08 ·cited 51×
  The Florida Supreme Court reversed a district court decision that granted a new trial on damages where a jury in consolidated wrongful death and survivor actions appeared to have transposed damage awards between the two cases. The Court held that when jury intent is clear and app
• Love v. Hannah
  72 So. 2d 39· Fla.· 1954-03-23 ·cited 51×
  The Florida Supreme Court reversed a wrongful death judgment, holding that administrators failed to prove they had standing to sue under the wrongful death statute because they did not affirmatively show the non-existence of persons with superior priority (surviving spouse, minor
• Alphonse CYR, Jr. v. B. Offen & Co., Inc.
  501 F.2d 1145· 1st Cir.· 1974-07-18 ·cited 50×
  The court held that New Hampshire law permits contributory negligence and assumption of risk as defenses to strict liability claims, and that a successor corporation can be held liable for its predecessor's torts if there is sufficient continuity of business operations. The court
• Campbell v. Westmoreland Farm, Inc.
  403 F.2d 939· 2d Cir.· 1968-11-15 ·cited 48×
  The court held that the district court abused its discretion by certifying the dismissal of the post-accident tort claims for immediate appeal under Rule 54(b).
• Emerson v. Holloway Concrete Prods. Co., Inc.
  282 F.2d 271· 5th Cir.· 1960-06-29 ·cited 48×
  The dissent argues that the Florida Death Statute, by its plain language, allows recovery for maritime death if the decedent could have recovered in admiralty, and that the majority incorrectly applied prior case law instead of the statute.
• Vizzini v. Ford Motor Co. c/o C. T. Corp. Sys.
  569 F.2d 754· 3d Cir.· 1977-12-16 ·cited 44×
  The court held that evidence of a decedent's failure to use a seat belt is relevant to the apportionment of damages, even in a strict liability case, and should not be excluded.
• United States v. Brooks (two cases)
  176 F.2d 482· 4th Cir.· 1949-08-04 ·cited 44×
  The court held that disability payments and six months' pay received by a deceased's next of kin should be deducted from wrongful death damages, but life insurance proceeds should not.
• Pender v. Skillcraft Indus., Inc.
  358 So. 2d 45· Fla. 4th DCA· 1978-04-10 ·cited 43×
  A national bank's offering of electronic data processing services to the public generally exceeds its powers under the National Bank Act, even if relying on a Comptroller's interpretive ruling.
• Marker v. Universal OIL Prods. Co.
  250 F.2d 603· 10th Cir.· 1957-12-03 ·cited 43×
  The court held that the defendant had no duty to warn of the dangers of using hot catalyst, as this constituted a misuse of the product, and that the design of the unit was not a proximate cause of the death.
• Chamberlain v. Fla. Power Corp.
  144 Fla. 719· Fla.· 1940-11-08 ·cited 43×
  The court held that an employee's personal representative cannot sue an employer for wrongful death under a general statute if the employee accepted the state's Workmen's Compensation Act, even if the employee had no dependents. The Act's provisions, including limitations on reco
• Nissan Motor Co., Ltd. v. Phlieger
  508 So. 2d 713· Fla.· 1987-05-28 ·cited 42×
  A statute of repose for products liability actions, which sets a twelve-year limit from sale, bars a products liability claim within a wrongful death action, even if the death occurred within two years of the decedent's death.
• Dorse v. Armstrong World Indus., Inc.
  513 So. 2d 1265· Fla.· 1987-10-15 ·cited 40×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether a military contractor's defense exists in strict products liability cases. The court recognized for the first time in Florida law a limited military contractor's defense that shiel