Wrongful Death Statute

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

• Joaquina Quinones v. Twp. OF Upper Moreland
  293 F.2d 237· 3d Cir.· 1961-07-05 ·cited 18×
  The court held that the Township retained sufficient control over the contractor's work to be liable for the contractor's negligence in failing to shore a trench, and that the contractor's liability was primary, entitling the Township to full indemnity.
• Williams v. City of Green Cove Springs
  65 So. 2d 56· Fla.· 1953-04-28 ·cited 18×
• THE H. S., Inc. v. Henry Steers, Inc.
  130 F.2d 341· 3d Cir.· 1942-08-03 ·cited 18×
  An employer is liable for the malicious acts of its employee if the employee was acting within the scope of employment, even if the employee acted with hatred towards the victim.
• Emmett Franklin v. Dade Cnty.
  230 So. 2d 730· Fla. 3d DCA· 1970-01-20 ·cited 17×
  In this consolidated wrongful death and personal injury action arising from a 1967 collision between a Chevrolet and a Dade County police car at an intersection, the trial court granted the defendant's deferred motion for directed verdict, but the appellate court reversed, holdin
• Sinclair Ref. Co. v. Howell
  222 F.2d 637· 5th Cir.· 1955-05-13 ·cited 17×
  The court held that the defendant was not entitled to a directed verdict or judgment notwithstanding the verdict based on the Workmen's Compensation Act, and that the jury's damages award was not excessive.
• Odom v. R.J. Reynolds Tobacco Co.
  254 So. 3d 268· Fla.· 2018-09-20 ·cited 16×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision that had overturned a $4.5 million noneconomic damages award to an adult daughter for her mother's wrongful death from tobacco-related lung cancer. The Supreme Court held that the trial court did no
• Shova v. Eller
  606 So. 2d 400· Fla. 2d DCA· 1992-09-04 ·cited 16×
  Randy Shova, as personal representative of his wife's estate, sued fellow employees and corporate officers of Circle K for gross negligence in connection with her death during a store robbery. The court reversed the trial court's dismissal, holding that the 1988 amendment to Flor
• Carty v. Beech Aircraft Corp.
  679 F.2d 1051· 3d Cir.· 1982-05-21 ·cited 16×
  The court held that the District Court has subject matter jurisdiction over the wrongful death actions. However, it reversed the denial of motions to dismiss for lack of personal jurisdiction.
• In re the Est. of Daymon C. Burris
  361 So. 2d 152· Fla.· 1978-07-20 ·cited 16×
  The Florida Supreme Court held that a state statute requiring written acknowledgment of paternity as a condition for illegitimate children to inherit from their father in intestate succession violates equal protection guarantees. The court affirmed that illegitimate children esta
• Lonene Novak v. Gramm
  469 F.2d 430· 8th Cir.· 1972-11-03 ·cited 16×
  The court held that the denial of additur or a new trial was proper because the jury's damages award was not demonstrably inadequate, and the economist's calculations did not establish damages with mathematical certainty.
• Campbell v. Stoner
  249 So. 2d 474· Fla. 3d DCA· 1971-06-15 ·cited 16×
  This case addresses whether valid personal service of process can be made on a defendant who has been hospitalized and is the subject of an involuntary mental competency proceeding. The court reversed the trial court's dismissal, holding that absent a formal adjudication of incom
• Atl. Coast Line R.R. Co. v. Turpak
  225 So. 2d 340· Fla. 2d DCA· 1969-07-03 ·cited 16×
  Atlantic Coast Line Railroad Company appeals from judgments in wrongful death and survival action cases arising from a fatal railroad accident. The lower court improperly combined two separate jury verdicts and reformed them based on an informal post-verdict interview with the ju
• Hill v. Colonial Enters., Inc.
  219 So. 2d 51· Fla. 4th DCA· 1969-02-10 ·cited 16×
  The judgment in a prior wrongful death suit does not estop the personal representative from litigating a survival action if the beneficiaries of the two suits are not the same.
• Curry v. Line
  367 F.2d 921· 9th Cir.· 1966-10-10 ·cited 16×
  The court held that the California wrongful death statute encompasses claims based on unseaworthiness, and that contributory negligence in such cases serves only to mitigate damages, not bar recovery.
• Pursell v. Sumter Elec. Co-Operative, Inc.
  169 So. 2d 515· Fla. 2d DCA· 1964-12-11 ·cited 16×
  Virginia Pursell appeals a judgment distributing her wrongful death settlement recovery between herself and the workmen's compensation carrier. The court upheld the carrier's subrogation right to recover all compensation benefits paid for both the widow and minor children, not ju
• Allice McCOY v. Fla. Power & Light Co.
  87 So. 2d 809· Fla.· 1956-05-23 ·cited 16×
  The Florida Supreme Court held that a dependent mother of a deceased worker cannot maintain a separate wrongful death action against a third-party tortfeasor (electrical company) independent of the surviving widow, even though she receives workers' compensation benefits. The cour
• First Nat. Bank of Chicago v. United Air Lines
  190 F.2d 493· 7th Cir.· 1951-07-05 ·cited 16×
  The Illinois statute barring wrongful death actions where suit can be brought in the place of death is a permissible limitation under the Full Faith and Credit Clause and does not violate the Illinois single-subject rule.
• Olson v. United States
  175 F.2d 510· 8th Cir.· 1949-06-22 ·cited 16×
  The court held that while the trial court erred in applying South Dakota law, the judgment should be affirmed because the plaintiff failed to prove she was the legal heir of the decedent under Utah law, and no evidence of other heirs was presented.
• Shea v. Global Travel Mktg., Inc.
  870 So. 2d 20· Fla. 4th DCA· 2003-08-27 ·cited 15×
  A parent's pre-injury agreement to arbitrate disputes on behalf of a minor child in a commercial travel contract is unenforceable under Florida public policy. The court reversed the trial court's order compelling arbitration in a wrongful death case arising from a child's death d
• Martin Brooks ad Litem of the Estate of Vito Sturiano v. Sturiano
  497 So. 2d 976· Fla. 4th DCA· 1986-11-19 ·cited 15×
  The Fourth District Court of Appeal addressed whether a wife could recover from her deceased husband's estate for injuries sustained in an automobile accident, and whether a New York-issued insurance policy provided coverage. The court held that interspousal immunity does not app
• Gonzalez v. Volvo OF Am. Corp.
  734 F.2d 1221· 7th Cir.· 1984-05-16 ·cited 15×
  The court held that a new trial is required due to prejudicial closing arguments by plaintiffs' counsel, and that the district court erred by not applying the choice of law rules of the original forum state (Arkansas) after a transfer under 28 U.S.C. § 1404(a).
• Hess v. Eddy
  689 F.2d 977· 11th Cir.· 1982-10-21 ·cited 15×
  A civil rights action is not time-barred if the real party in interest joins or ratifies the suit after the limitations period has run, provided the initial suit was filed within the period and Federal Rule of Civil Procedure 17(a) applies.
• Riley W. MacKoul v. The Fid. & Cas. Co. OF NEW York
  402 So. 2d 1259· Fla. 1st DCA· 1981-08-11 ·cited 15×
  Riley Mackoul, administrator of his deceased child's estate, appealed a determination that his underinsured motorist coverage under a Fidelity policy was limited to $100,000 total, despite arguing separate causes of action existed for the child, parents, and estate under wrongful
• Alamo Rent-A-Car, Inc. v. Clay
  586 So. 2d 394· Fla. 3d DCA· 1991-08-27 ·cited 14×
  Alamo Rent-A-Car appeals a jury verdict holding it vicariously liable for a negligent driver's conduct and damages awarded in a wrongful death and personal injury case. The appellate court affirms, finding no merit to Alamo's challenges to the liability determination or the damag
• Lucien J. Harmon and Bernice F. Harmon v. Grande Tire Co., Inc.
  821 F.2d 252· 5th Cir.· 1987-07-13 ·cited 14×
  The court held that the Texas Supreme Court would not, as a matter of law, forbid recovery of mental anguish damages by a wife whose husband was injured, even if she did not witness the accident or her husband did not die.
• Price v. Litton Sys., Inc.
  784 F.2d 600· 5th Cir.· 1986-03-07 ·cited 14×
  The court held that Alabama substantive law and its two-year statute of limitations properly applied to the negligence and strict liability claims, but a separate conflict of laws analysis was required for the breach of warranty claims.
• Giallanza v. Sands
  316 So. 2d 77· Fla. 4th DCA· 1975-07-03 ·cited 14×
  A medical malpractice case where the trial court granted summary judgment for the defendant physician. The appellate court reversed, holding that genuine issues of material fact exist regarding the physician's negligence, duty to treat, and proximate causation that preclude summa
• Wadsworth v. Friend
  201 So. 2d 641· Fla. 4th DCA· 1967-07-28 ·cited 14×
  In this wrongful death appeal, the court affirmed a judgment for the plaintiff-daughter who claimed dependency on her deceased mother for support. The court held that dependency is determined by facts existing at the time of death, and that evidence of collateral source funds rec
• Gore v. Ne. Airlines, Inc.
  373 F.2d 717· 2d Cir.· 1967-02-23 ·cited 14×
  The court held that New York's public policy against damage limitations in wrongful death actions, rather than the Massachusetts statute's limitation, applies, and that the beneficiaries' domicile at the time of death, not later, is controlling.
• Covey GAS & OIL Co. v. Checketts et ux.
  187 F.2d 561· 9th Cir.· 1951-02-26 ·cited 14×
  The court held that a jury's award of $35,407.50 in damages for the wrongful death of a minor was excessive and ordered a remittitur to $20,000 or a new trial.
• Burch v. Gilbert
  148 So. 2d 289· Fla. 1st DCA· 1963-01-08 ·cited 13×
  In this wrongful death case arising from a 1958 automobile accident that killed an eight-year-old girl, the Florida appellate court reversed the jury's $20,000 award to the estate administrator as excessive and remanded for a new trial or remittitur. The court held that under Flo
• Singletary v. Nat'l R.R. Passenger Corp.
  376 So. 2d 1191· Fla. 2d DCA· 1979-10-24 ·cited 12×
  The court held that under the current wrongful death statutes, one parent's negligence is not imputed to the other parent for the death of their child.
• Broome v. Antlers' Hunting Club
  595 F.2d 921· 3d Cir.· 1979-03-30 ·cited 12×
  The court held that a Pennsylvania court would apply Pennsylvania law to both liability and damages in a survival action for a tort committed in Pennsylvania, even if the decedent was a New York resident.
• Paul Herges for the Heirs of Clotilda Fleischhacker v. W. Cas. & Sur. Co.
  408 F.2d 1157· 8th Cir.· 1969-03-27 ·cited 12×
  An insurer's "good faith" in settlement negotiations requires more than a subjective belief in a defense; it necessitates an objective evaluation of the defense's likelihood of success and potential verdict, considering the insured's interests equally with its own.
• Gaston v. B. F. Walker, Inc.
  400 F.2d 671· 5th Cir.· 1968-09-16 ·cited 12×
  The court held that a Texas court, applying Louisiana law to a tort that occurred in Louisiana, must apply the peremptive one-year limitation period of Louisiana Civil Code Article 2315, even if the plaintiff is a Texas resident.
• ST. Clair v. E. AIR Lines, Inc.
  302 F.2d 477· 2d Cir.· 1962-04-24 ·cited 12×
  The court held that plaintiff's recovery against Eastern and the United States is limited to the amount of the larger judgment, and plaintiff is only entitled to interest from the date of the judgment, not the date of death.
• Nila Wilbur, M.D. v. Hightower
  778 So. 2d 381· Fla. 4th DCA· 2001-01-17 ·cited 11×
  In this medical malpractice wrongful death case, a jury awarded $2.4 million in damages against five doctors. The trial court granted a new trial on damages based on two comments by plaintiff's counsel during closing argument, deeming them "so egregious" as to constitute fundamen
• Moyer v. Klosters Rederi
  645 F. Supp. 620· S.D. Fla.· 1986-09-26 ·cited 11×
  The Death on the High Seas Act (DOHSA) applies to this case, preempting the Florida Wrongful Death Statute, and limiting recovery to pecuniary damages because the decedent's injury began offshore and the incident bore a significant relationship to maritime activity.
• Phlieger v. Nissan Motor Co., Ltd.
  487 So. 2d 1096· Fla. 5th DCA· 1986-03-27 ·cited 11×
  This wrongful death case addresses whether Florida's products liability statute of repose bars a widow's wrongful death action when the underlying products liability claim would have been time-barred. The court held that wrongful death actions are governed by the two-year wrongfu
• Gates Learjet Corp. v. Moyer
  459 So. 2d 1082· Fla. 4th DCA· 1984-09-26 ·cited 11×
  Gates Learjet Corporation sought to quash summary judgments granted against its crossclaims for contribution against the estates of two pilots who died in a Learjet crash. The court held that Florida's non-claim statute bars contribution claims against deceased tortfeasors' estat
• Jerry H. Peveto and wife v. Sears
  807 F.2d 486· 5th Cir.· 1987-01-13 ·cited 10×
  The court held that the trial court did not err in denying the plaintiffs' motion for judgment on the jury's purported 'true verdict' or in refusing a new trial, as juror testimony about mental processes is inadmissible under Fed. R. Evid. 606(b) and the jury instructions were no
• Smith v. Indus. Constructors, Inc.
  783 F.2d 1249· 5th Cir.· 1986-03-03 ·cited 10×
  The court held that prejudgment interest was not warranted on estimated lost earnings and that deducting estimated income taxes from future lost earnings awards is consistent with Mississippi law.
• Susanne Berry Howard v. McCRORY Corp.
  601 F.2d 133· 4th Cir.· 1979-06-25 ·cited 10×
  The court held that the evidence of the pajamas' burning behavior and the bathrobe's flammability test results, even if not conforming to strict federal standards, was sufficient for jury consideration, thus reversing judgments n.o.v. for Kresge and McCrory.
• Denny v. Seaboard Lacquer, Inc.
  487 F.2d 485· 4th Cir.· 1973-11-20 ·cited 10×
  The court held that ordinary negligence can support a wrongful death action under Alabama law, and that the trial court erred in granting summary judgment on the issue of wanton conduct.
• Shell v. Parrish
  448 F.2d 528· 6th Cir.· 1971-09-24 ·cited 10×
  The court held that the trial court erred in excluding a portion of the death certificate and in failing to submit the issue of parental contributory negligence to the jury.
• Joyce v. Seigel
  429 F.2d 128· 3d Cir.· 1970-07-08 ·cited 10×
  The court held that the administrator's appointment was for legitimate reasons, not to manufacture diversity jurisdiction, and thus the action should proceed in federal court.
• Lucy Webb Hayes Nat'l Training Sch. for Deaconesses & Missionaries v. Perotti
  419 F.2d 704· D.C. Cir.· 1969-07-10 ·cited 10×
  A violation of an outdated municipal regulation, approved by the licensing authority, does not constitute negligence per se. The standard of care should be determined by all relevant evidence, including the regulation, but not solely based on its violation.
• Hennigan v. Atl. Ref. Co. & City of Philadelphia v. Driscoll Constr. Co., Inc.
  400 F.2d 857· 3d Cir.· 1968-09-10 ·cited 10×
  The court held that the district court committed no prejudicial error in its judgment and its discussion of the legal problems justified the judgment.
• Deane M. Corbett v. Borandi
  375 F.2d 265· 3d Cir.· 1967-03-22 ·cited 10×
  The court held that admitting evidence of an expert witness's employment by an insurance company was not prejudicial error when the insurance company actively defended the case and the witness's connection was relevant to credibility.
• Glick v. Ballentine Produce
  343 F.2d 839· 8th Cir.· 1965-04-14 ·cited 10×
  The court held that the transferee district court correctly applied Missouri law, which dictated that the plaintiffs' complaint was fatally defective for failing to comply with statutory requirements for wrongful death actions.