Wrongful Death Statute

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

• Turcotte v. Ford Motor Co.
  494 F.2d 173· 1st Cir.· 1974-02-13 ·cited 40×
  The court clarified that a settlement and release do not automatically make parties joint tortfeasors, and the determination of negligence is still required.
• Atl. Coast Line R. Co. v. Mims
  199 F.2d 582· 5th Cir.· 1952-11-04 ·cited 40×
  The court held that while an appeal from an order denying a new trial is generally unappealable, the court would consider the appeal if the intent to appeal the underlying judgment was clear from the record. The court affirmed the judgment.
• Mathews v. Ranger Ins. Co.
  281 So. 2d 345· Fla.· 1973-06-13 ·cited 39×
  The Florida Supreme Court held that an aircraft liability insurance policy issued to a church organization for student pilot instruction afforded coverage for the wrongful death of a student pilot, despite ambiguous exclusionary language regarding 'crew or pilot,' because the app
• Cowart v. City OF W. Palm Beach
  255 So. 2d 673· Fla.· 1971-12-08 ·cited 39×
  A defendant waives the right to question a plaintiff's standing to sue if the issue, and the facts underlying it, were known before trial but not raised until appeal.
• Marianna & Blountstown R.R. Co. v. May
  83 Fla. 524· Fla.· 1922-04-11 ·cited 39×
  In this wrongful death case, the Florida Supreme Court reversed a $2,000 judgment against a railroad company, holding that damages must be based on the decedent's reasonable prospective earnings and savings, not his actual earnings or service value, and that mortality tables are
• Roberts v. The City OF Troy & Forrest O. Fisher
  773 F.2d 720· 6th Cir.· 1985-09-30 ·cited 38×
  The court's majority opinion, which this concurrence agrees with, likely found that the Parratt-Beebe analysis for procedural due process claims was inapplicable to deprivations of life, and that the conduct was not random and unauthorized, nor was there an adequate post-deprivat
• Green v. Am. Tobacco Co.
  391 F.2d 97· 5th Cir.· 1968-01-24 ·cited 38×
  The court held that subsequent Florida Supreme Court decisions clarified that Florida law imposes absolute liability on manufacturers for products intended for human consumption, and the trial court erred in not applying this standard.
• Nolan v. Moore
  81 Fla. 594· Fla.· 1920-06-10 ·cited 38×
  The Florida Supreme Court reversed a wrongful death judgment, holding that the wrongful death statute (Section 3147, General Statutes 1906, as amended) does not permit a parent to sue an individual for the tort of that individual's employee. The statute allows actions against cor
• Dugas v. Nat'l Aircraft Corp.
  438 F.2d 1386· 3d Cir.· 1971-02-26 ·cited 36×
  The Death on the High Seas Act (DOHSA) does not preclude recovery under a state survival statute, and awards for future voluntary contributions under DOHSA must be supported by specific findings and evidence, not mere speculation.
• Dressler v. Tubbs
  435 So. 2d 792· Fla.· 1983-07-14 ·cited 34×
  The Florida Supreme Court held that the doctrine of interspousal immunity does not bar a wrongful death action brought on behalf of a deceased spouse's estate, because the wrongful death statute creates a new and independent cause of action in the beneficiaries rather than merely
• Jayne Swinford v. Santos
  121 F.4th 179· 11th Cir.· 2024-11-04 ·cited 33×
  The Eleventh Circuit held that the district court properly considered body camera footage under the incorporation-by-reference doctrine when ruling on a motion to dismiss, and that the officers were entitled to qualified immunity.
• 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
• McKinney v. Adams
  68 Fla. 208· Fla.· 1914-11-06 ·cited 32×
  The Florida Supreme Court reversed a judgment dismissing a wrongful death action brought by an administratrix against the operator of a public bath house at Pablo Beach. The court held that a business operator who offers public waters for bathing to the public for profit assumes
• Bagdad Land & Lumber Co. v. Boyette
  104 Fla. 699· Fla.· 1932-04-12 ·cited 31×
  A minor child was struck and killed by a moving train operated by Bagdad Land & Lumber Company. The child's parents sued for wrongful death, obtained a jury verdict, but the Florida Supreme Court reversed, holding that the railroad company had no duty to protect the child because
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Hawley K. Challoner v. DAY & Zimmermann, Inc.
  512 F.2d 77· 5th Cir.· 1975-04-24 ·cited 30×
  The court held that Texas substantive law, including strict liability principles, was correctly applied to a case involving a defective artillery shell manufactured in Texas, despite the explosion occurring in Cambodia.
• Bishop v. Hendricks
  495 F.2d 289· 4th Cir.· 1974-04-17 ·cited 29×
  Diversity of citizenship in a wrongful death action is determined by the citizenship of the beneficiaries, not the administrator, when the administrator is merely a nominal party appointed solely to institute the action.
• Handley v. Anclote Manor Found.
  253 So. 2d 501· Fla. 2d DCA· 1971-10-15 ·cited 29×
  The court addressed whether an amended complaint adding a new plaintiff and asserting a wrongful death claim relates back to the original complaint filed within the statute of limitations period. The court held that under Florida's relation-back doctrine, the amendment should rel
• Johnson v. Serra
  521 F.2d 1289· 8th Cir.· 1975-06-30 ·cited 28×
  The court held that expert testimony projecting future inflation was too speculative for damage calculations, but the defendant's negligence was a proximate cause of the death despite the co-defendant's negligence. The court also held that contribution was not available due to wo
• Magill v. Westinghouse Elec. Corp.
  464 F.2d 294· 3d Cir.· 1972-07-14 ·cited 28×
  The court held that the jury's findings on liability were supported by sufficient evidence, but a new trial on damages was required due to the speculative nature of an earnings increase factor and an excessive survival action verdict.
• Tramontana v. S. A. Empresa de Viacao Aerea RIO Grandense
  350 F.2d 468· D.C. Cir.· 1965-06-10 ·cited 28×
• Potts v. Mulligan
  141 Fla. 685· Fla.· 1940-02-09 ·cited 28×
  The Florida Supreme Court affirmed a judgment awarding $9,250 in wrongful death damages to a husband whose wife died from injuries sustained in an automobile collision caused by the defendant's negligent employee. The court held that funeral expenses and loss of society/companion
• Jaffe v. Philadelphia & W. R. Co.
  180 F.2d 1010· 3d Cir.· 1950-03-15 ·cited 26×
  The court held that the appointment of an administratrix solely to create diversity jurisdiction is permissible if the appointment is valid under state law and the administratrix is the real party in interest. The court also affirmed the lower court's findings of no negligence an
• State OF Md. v. Manor Real Est. & Tr. Co.
  176 F.2d 414· 4th Cir.· 1949-08-02 ·cited 26×
  The court held that the Housing Authority's negligence in maintaining the premises, which led to a rat infestation and subsequent typhus outbreak, was a substantial factor in the tenant's death, and the government could not claim immunity under the Federal Tort Claims Act.
• Mattson v. Cent. Elec. & GAS Co.
  174 F.2d 215· 8th Cir.· 1949-04-11 ·cited 26×
  A gas company is not liable for leaks from a customer's service line unless it has notice of a defect or is contractually obligated to inspect and maintain the line.
• Adkins v. Seaboard Coast Line R.R. Co.
  351 So. 2d 1088· Fla. 2d DCA· 1977-11-02 ·cited 25×
  In this wrongful death appeal, the Florida Second District reversed a trial court's reduction of a jury damage award from $100,000 to $20,000, finding that contradictory jury instructions on comparative negligence and the apportionment of damages to survivors created reversible e
• Scott v. E. AIR Lines, Inc.
  399 F.2d 14· 3d Cir.· 1967-03-30 ·cited 25×
  The court affirmed the judgment of the district court regarding the award of damages.
• Foster v. United States
  768 F.2d 1278· 11th Cir.· 1985-08-16 ·cited 24×
  The court held that Illinois law, not Florida law, should apply to determine the beneficiaries of the wrongful death action because Illinois had the most significant relationship to the issue.
• Union Carbide Corp. v. Goett
  256 F.2d 449· 4th Cir.· 1958-05-27 ·cited 24×
  The owner of a barge is not liable for the death of an employee of a repair company who drowned after falling into the river, as the barge was under the sole control of the repair company, and the owner owed no duty to provide rescue equipment.
• Kirk v. The United States
  232 F.2d 763· 9th Cir.· 1956-04-13 ·cited 24×
  The United States is not shielded from liability under the Federal Tort Claims Act by the Idaho Workmen's Compensation Act, as it would not be considered an 'employer' under the Act even if it were a private person in like circumstances.
• Ala. Great S. R. Co. v. Johnson
  140 F.2d 968· 5th Cir.· 1944-02-10 ·cited 24×
  The court held that the trial court committed reversible error by giving a speculative damages instruction regarding future contributions, despite the defendants' timely objection.
• Lynnette D. Koppinger v. Cullen-Schiltz & Assocs.
  513 F.2d 901· 8th Cir.· 1975-03-31 ·cited 23×
  The court held that the trial court did not err in its rulings regarding inconsistent verdicts, res ipsa loquitur, evidentiary matters, jury instructions, exemplary damages, indemnity, or costs, and that the parties received a fair trial.
• Mrs. Marie Green v. Carlson
  581 F.2d 669· 7th Cir.· 1978-08-03 ·cited 22×
  A claim against federal officials for damages based on alleged constitutional violations resulting in death survives for the benefit of the decedent's estate, and is governed by federal common law, not state survival statutes.
• Rosenthal v. Warren
  475 F.2d 438· 2d Cir.· 1973-02-13 ·cited 22×
  The dissenting judge holds that New York courts would apply the Massachusetts wrongful death damage limitation, and that refusing to do so violates the Full Faith and Credit Clause.
• Kenney v. Trinidad Corp.
  349 F.2d 832· 5th Cir.· 1965-06-23 ·cited 22×
  In admiralty proceedings, a state-created right of action for wrongful death that has expired under state law, due to a peremptive one-year limitation, cannot be revived by the maritime doctrine of laches.
• Ridarsick v. Georgianna Amirkanian
  147 So. 2d 580· Fla. 3d DCA· 1962-12-20 ·cited 22×
  In this wrongful death case, the trial court set aside a jury verdict for the defendant and ordered a new trial, finding that prejudicial questions were posed to the jury even though the answers were excluded. The appellate court affirmed the new trial order, holding that questio
• Elisabeth Byrne v. Pa. R.R. Co.
  262 F.2d 906· 3d Cir.· 1958-12-16 ·cited 22×
  The court held that the jury was entitled to find that the decedent was a "common employee" of both Westinghouse and the Railroad, and that the trial court's jury instructions on employment status were adequate.
• Univ. OF Miami v. The Honorable Herbert M. Klein
  603 So. 2d 651· Fla. 3d DCA· 1992-08-11 ·cited 21×
  The court held that birth-related neurological injuries resulting in post-delivery death are covered by the Neurological Injury Compensation Plan, making its administrative remedies exclusive unless bad faith is shown.
• Pittman v. James O. Gilmore, M.D.
  556 F.2d 1259· 5th Cir.· 1977-08-03 ·cited 21×
  A trial court's findings of fact in a bench trial will not be set aside on appeal unless clearly erroneous, and the weight given to expert testimony is within the judge's discretion.
• Cunningham v. Fla. Dep't OF Child. & Families
  782 So. 2d 913· Fla. 1st DCA· 2001-03-22 ·cited 20×
  Calvin Cunningham appeals the dismissal of his wrongful death survivor's claim against the Florida Department of Children and Families, arguing that notice given by the original personal representative should relate back to him under substitution of parties doctrine. The court re
• 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.
• Forrest v. Carter
  308 So. 2d 141· Fla. 1st DCA· 1975-01-28 ·cited 20×
  In this wrongful death and survival action, the trial court granted summary judgment for a physician and hospital in a case involving the death of a pregnant patient and her newborn. The appellate court reversed, holding that genuine issues of material fact existed regarding alle
• D'Ambra v. United States
  481 F.2d 14· 1st Cir.· 1973-06-07 ·cited 20×
  The court held that the Federal Tort Claims Act does not permit recovery for damages beyond actual pecuniary loss when a state's wrongful death statute is partially punitive, and thus the Rhode Island statute's calculation of damages was inapplicable.
• Watts v. Pioneer Corn Co., Inc.
  342 F.2d 617· 7th Cir.· 1965-02-11 ·cited 20×
• Walters v. Moore-McCORMACK Lines, Inc.
  312 F.2d 893· 2d Cir.· 1963-01-14 ·cited 20×
  The court denied a petition for rehearing in banc.
• Rehe v. Airport U-Drive, Inc.
  63 So. 2d 66· Fla.· 1953-02-06 ·cited 20×
  Henry Rehe Sr. brought two separate actions arising from the same negligent automobile accident that killed his son—first as the father seeking damages for parental suffering and loss of earnings, and second as administrator of the estate seeking damages for the estate's value. A
• Escolastica DaSILVA v. Am. Brands, Inc.
  845 F.2d 356· 1st Cir.· 1988-04-21 ·cited 19×
  The court affirmed the jury's determination of liability and damages in a wrongful death action, and affirmed the dismissal of the cross-claim for contribution.
• Woodling v. The Garrett Corp.
  813 F.2d 543· 2d Cir.· 1987-03-03 ·cited 19×
  The court held that the jury's findings regarding workers' compensation immunity and the validity of the release were supported by sufficient evidence, affirming liability for the defendants. However, the court found errors in the calculation of damages and prejudgment interest.
• Dore v. The Link Belt Co.
  391 F.2d 671· 5th Cir.· 1968-03-25 ·cited 18×
  The Death on the High Seas Act (DOHSA) provides the exclusive remedy for deaths occurring on the outer Continental Shelf beyond a marine league from shore, precluding application of broader state remedies.
• Bartch v. United States
  330 F.2d 466· 10th Cir.· 1964-04-20 ·cited 18×
  The Colorado statutory limitation on gross recovery for wrongful death applies in an action brought under the Federal Tort Claims Act, even when the case is tried to the court rather than a jury.