Wrongful Death Statute

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

• Fla. E. Coast Ry. Co. v. Soper
  146 So. 2d 605· Fla. 3d DCA· 1962-09-18 ·cited 10×
  Florida East Coast Railway appeals jury verdicts finding it negligent in a train-automobile collision at a Fort Pierce railroad crossing that killed two deaf-mute individuals. The court affirmed, holding that a railroad's duty of care is variable and depends on circumstances, and
• Carbone v. Coblentz
  132 So. 2d 629· Fla. 3d DCA· 1961-09-14 ·cited 10×
  Carbone shot and killed Coblentz on Coblentz's motel premises. A jury found Carbone liable in wrongful death and survival actions. On appeal, Carbone challenges the trial court's denial of his mistrial motion after a police officer witness improperly testified that Carbone had pr
• Annabell M. Williamson v. Weyerhaeuser Timber Co.
  221 F.2d 5· 9th Cir.· 1955-04-11 ·cited 10×
  The court held that the law of the place where the tort occurred governs the existence of a cause of action, and Washington's Workmen's Compensation Act barred the wrongful death claim.
• Myrtle v. Brown
  221 F.2d 106· D.C. Cir.· 1955-03-24 ·cited 10×
  A wife cannot recover damages for loss of consortium where her husband's fatal injury is covered by the Workmen's Compensation statute.
• Atl. Greyhound Corp. v. Eddins
  177 F.2d 954· 4th Cir.· 1949-11-10 ·cited 10×
  The court held that the trial court did not err in submitting the issues of primary negligence and contributory negligence to the jury, and that the exclusion of evidence regarding a witness's prior inconsistent opinion was proper under the circumstances.
• Haverty Furniture Co. v. McKESSON & Robbins, Inc.
  154 Fla. 772· Fla.· 1944-08-01 ·cited 10×
  In this workers' compensation subrogation case, the Florida Supreme Court affirmed a $15,000 judgment for McKesson & Robbins, Inc. against truck driver Clarence Simpson and his employer Haverty Furniture, but required a $5,000 remittitur due to excessiveness. The court held that
• Valarie v. Stephens
  207 So. 2d 718· Fla. 4th DCA· 1968-03-13 ·cited 9×
  This wrongful death case involves a rear-end collision between a truck and motorcycle. The trial court granted summary judgment for the defendants based on a presumption of negligence arising from the rear-end impact. The appellate court affirmed, holding that the defendants conc
• Hardy Lee Jamison, Jr. v. Memphis Transit Mgmt. Co.
  381 F.2d 670· 6th Cir.· 1967-08-02 ·cited 9×
  The mother of a deceased child is an indispensable party to a wrongful death action under Tennessee law, and her citizenship must be considered for diversity jurisdiction.
• R.J. Reynolds Tobacco Co. v. Schleider
  273 So. 3d 63· Fla. 3d DCA· 2018-12-26 ·cited 8×
  R.J. Reynolds Tobacco Company appeals a wrongful death judgment in favor of Diane Schleider and her daughter following Andrew Schleider's death from lung cancer and COPD. The Florida District Court of Appeal, Third District affirms the judgment, holding that the closing arguments
• Therese McGEEHAN v. Parke-Davis
  573 So. 2d 376· Fla. 2d DCA· 1991-01-11 ·cited 8×
  The court reversed a summary judgment dismissing a woman's damages claim arising from a negligently misdiagnosed tuberculosis that led to medication exposure and subsequent abortion. The court held that the plaintiff's claim is cognizable as bodily injury to herself rather than a
• Johnson v. Sch. Bd. OF Palm Beach Cnty.
  537 So. 2d 685· Fla. 4th DCA· 1989-01-25 ·cited 8×
  Parents of a deceased child sued the school board for wrongful death under Florida law. The school board sought contribution against the parents based on their comparative negligence, and the trial court awarded contribution. The appellate court affirmed, holding that the Uniform
• Vaughn v. J.C. Penney Co.
  822 F.2d 605· 6th Cir.· 1987-06-24 ·cited 8×
  The court held that Ohio law, including its two-year statute of limitations, should apply to claims against product manufacturers and sellers, while Tennessee law applies to claims against the county.
• Monger v. The Cessna Aircraft Co.
  812 F.2d 402· 8th Cir.· 1987-02-23 ·cited 8×
  The court held that the district court did not err in refusing to instruct the jury on the presumption of due care, nor in its evidentiary rulings.
• In re AIR Crash Disaster Near Chicago v. McDONNEL Douglas Corp.
  803 F.2d 304· 7th Cir.· 1986-10-09 ·cited 8×
  The court held that evidence of the decedent's income taxes is relevant to calculating pecuniary damages in a wrongful death action under Arizona law, and that a jury should be instructed that its award of damages for lost future wages is not subject to federal income taxation.
• Rosen v. Michel Zorzos
  449 So. 2d 359· Fla. 5th DCA· 1984-04-12 ·cited 8×
  The Fifth District Court of Appeal recognized a new cause of action allowing minor children to sue for loss of parental consortium (care, comfort, society, and companionship) when a parent is injured by a third party's negligence. The court reversed the trial court's dismissal an
• Ernestine Styles v. Y.D. Taxi Corp., Inc.
  426 So. 2d 1144· Fla. 3d DCA· 1983-02-08 ·cited 8×
  A taxi passenger who suffered a miscarriage following a vehicle accident sued for damages. The trial court entered judgment for the defendant notwithstanding the jury's verdict for the plaintiff, holding that the plaintiff failed to present sufficient evidence of permanent injury
• Grbac v. Reading Fair Co.
  688 F.2d 215· 3d Cir.· 1982-09-14 ·cited 8×
  A pre-death release signed by an individual bars a subsequent wrongful death action brought on behalf of his widow and children under Pennsylvania law.
• Borders v. Liberty Apt. Corp. & Bonded Rental Agency, Inc.
  407 So. 2d 232· Fla. 3d DCA· 1981-11-10 ·cited 8×
  The court held that the trial court erred in granting summary judgment because a genuine issue of material fact existed regarding the appellant's marriage to the decedent.
• The Conn. Bank & Tr. Co. v. United States
  465 F.2d 760· 2d Cir.· 1972-08-04 ·cited 8×
  Wrongful death recoveries are not includible in a decedent's gross estate under I.R.C. § 2033 because the right of action arises after death, not before. Furthermore, such recoveries are not includible under § 2041 as property subject to a general power of appointment, as the pro
• Lucius Bonner McLEOD, Jr. v. Young
  257 So. 2d 605· Fla. 4th DCA· 1972-01-14 ·cited 8×
  In this wrongful death case, appellants challenged a jury verdict awarding damages to the decedent's estate, arguing that the jury improperly considered the decedent's pain and suffering and that the verdict was excessive. The Fourth District Court of Appeal affirmed, holding tha
• Skroh v. The Travelers Ins. Co.
  227 So. 2d 328· Fla. 1st DCA· 1969-10-28 ·cited 8×
  Under standard automobile liability policies limiting recovery to $10,000 per person for bodily injury, the estate of a deceased minor and the parent suing for wrongful death cannot each collect the maximum limit as separate entities.
• United States v. Haskin
  395 F.2d 503· 10th Cir.· 1968-02-23 ·cited 8×
  The court held that the government's negligence proximately caused the death, but the wrongful death award must be reduced to the statutory limit, and the government is not entitled to contractual indemnity from Transco because the indemnity clause did not cover the government's
• Richards v. United States
  285 F.2d 521· 10th Cir.· 1960-11-25 ·cited 8×
  The court held that the government is liable under the Tort Claims Act based on the law of the place where the negligent act or omission occurred, not where the death resulted.
• Loc-Wood Boat & Motors, Inc. v. Darwin F. Rockwell
  245 F.2d 306· 8th Cir.· 1957-06-20 ·cited 8×
  The court held that the trial court's findings of fact regarding the visibility of the storm and the petitioner's negligence were not clearly erroneous, and thus affirmed the decree holding the boat owner liable.
• Drinan v. A. J. Lindemann & Hoverson Co.
  238 F.2d 72· 7th Cir.· 1956-11-08 ·cited 8×
  The court held that the Wisconsin two-year statute of limitations for wrongful death actions applies to all such actions, regardless of where the death occurred, to promote uniformity and equal treatment of litigants.
• Patterson v. Sears-Roebuck & Co.
  196 F.2d 947· 5th Cir.· 1952-05-16 ·cited 8×
  The Alabama Workmen's Compensation Act provides the exclusive remedy for employee death damages, and if there are no dependents to sue under the Act, no other action can be brought by the estate's representative.
• Maynard v. E. Air Lines, Inc.
  178 F.2d 139· 2d Cir.· 1949-11-30 ·cited 8×
  The court held that the Connecticut statute limiting damages for wrongful death applies, and interest is not recoverable under New York law.
• Deep Rock Oil Corp. v. Sheridan
  173 F.2d 186· 10th Cir.· 1949-01-31 ·cited 8×
  The court held that an adjudication of non-negligence in a prior action for personal injury barred a subsequent action for wrongful death, even though the causes of action were distinct.
• Nolan v. Sullivan
  372 F.2d 776· 3d Cir.· 1967-02-23 ·cited 7×
  The court held that the trial court erred in finding the decedent contributorily negligent by applying an overly stringent standard of care.
• Smith v. Lassing
  189 So. 2d 244· Fla. 4th DCA· 1966-07-07 ·cited 7×
  In this wrongful death action arising from a three-car collision, the Florida District Court of Appeal affirmed a $25,000 judgment, holding that evidence of the deceased's investment income and capital assets was admissible in calculating damages for the economic value of her lif
• Woodson v. Woodson
  89 So. 2d 665· Fla.· 1956-09-28 ·cited 7×
  Sarah Woodson appealed a summary judgment dismissing her second wrongful death suit against James W. Woodson based on simple negligence, after her first suit based on gross negligence had been dismissed. The Florida Supreme Court held that both suits were barred by res judicata b
• Atl. Coast Line R.R. Co. v. Woods
  110 Fla. 147· Fla.· 1933-05-09 ·cited 7×
  The Florida Supreme Court affirmed the lower court's decision to grant a new trial in a wrongful death action, finding that the evidence presented could support a finding of liability and that the initial directed verdict for the defendant was an error.
• Hughes v. Unitech Aircraft Serv., Inc.
  662 So. 2d 999· Fla. 4th DCA· 1995-11-08 ·cited 6×
  Florida state courts have jurisdiction to entertain claims arising out of the Federal Death on the High Seas Act (DOHSA), and Florida's wrongful death statute authorizes such claims.
• Delancey v. State Farm Mut. Auto. Ins. Co.
  918 F.2d 491· 5th Cir.· 1990-12-03 ·cited 6×
  Policyholders cannot recover under uninsured motorist provisions for the death of a non-insured third party, and a claim for wrongful death damages requires the decedent to be an insured under the policy.
• Commissioner OF Internal Revenue v. Miller
  914 F.2d 586· 4th Cir.· 1990-09-21 ·cited 6×
  Punitive damages received as settlement for a defamation action are not excludable from gross income under 26 U.S.C. § 104(a)(2) because they do not serve to compensate the taxpayer for personal injury.
• Kowalski v. Gagne
  914 F.2d 299· 1st Cir.· 1990-09-14 ·cited 6×
  The court held that a prior murder conviction can collaterally estop a defendant from contesting liability under the wrongful death statute and the applicability of an intentional act exclusion in an insurance policy. The court also affirmed the admission of the conviction as evi
• Birdsell v. Holiday Inns
  852 F.2d 1078· 8th Cir.· 1988-08-01 ·cited 6×
  The court held that the federal district court, sitting in Missouri, should apply Missouri's procedural law regarding the commencement of actions, not Kansas's law, even when applying Kansas's statute of limitations.
• Poole v. Tallahassee Mem'l Hosp.
  520 So. 2d 627· Fla. 1st DCA· 1988-02-08 ·cited 6×
  Norma Poole, as personal representative of Stanley Poole's estate, appealed the denial of attorney's fees in a medical malpractice action against Tallahassee Memorial Hospital. The court reversed the trial court's denial of fees, holding that Section 768.56's savings clause prese
• Niemi v. Mebane OIL Co., Inc.
  303 So. 2d 661· Fla. 4th DCA· 1974-11-22 ·cited 6×
  The Fourth District Court of Appeal declined to answer a certified question from the trial court regarding whether conscious pain and suffering remains a compensable element of damages under Florida's wrongful death statute following its 1972 amendment. The court held that the ce
• Weeks v. Alonzo Cothron, Inc.
  426 F.2d 674· 1st Cir.· 1970-05-20 ·cited 6×
  A district court sitting in admiralty has jurisdiction to enforce a state wrongful death statute for negligence occurring on navigable waters within that state.
• Siegel v. Slaney
  419 F.2d 176· 3d Cir.· 1969-12-10 ·cited 6×
  The court held that dismissal of a federal diversity action based on manufactured jurisdiction was improper when the statute of limitations would bar a new state court action, causing prejudice to the parties.
• Badger v. Louisville & Nashville R.R. Co.
  414 F.2d 880· 5th Cir.· 1969-08-04 ·cited 6×
  The court held that the jury's verdict should be reinstated, finding that there was a jury question regarding the railroad's liability and that the decedent was contributorily negligent as a matter of law.
• Hartness v. Aldens, Inc.
  301 F.2d 228· 7th Cir.· 1962-04-06 ·cited 6×
  The court held that the Illinois conflict of laws rule, as interpreted by the District Court, does not offend the Full Faith and Credit Clause of the U.S. Constitution.
• Randall v. United States
  282 F.2d 287· D.C. Cir.· 1960-07-21 ·cited 6×
  The United States is entitled to a refund of compensation paid to a beneficiary when that beneficiary receives a settlement from a third party for the same injury or death, but only to the extent of the beneficiary's share of the settlement.
• Hogan v. Williams
  193 F.2d 220· 5th Cir.· 1951-12-07 ·cited 6×
  The court held that the evidence was sufficient to present a jury question on dependency and contribution, and that the trial court did not err in refusing to give certain jury instructions or direct a verdict.
• Sweeney v. Bonacci
  173 F.2d 541· 3d Cir.· 1949-02-28 ·cited 6×
  The court held that there was sufficient evidence of the defendants' negligence to submit the case to the jury.
• Terminal Transp. Co., Inc. v. Foster
  164 F.2d 248· 5th Cir.· 1947-11-21 ·cited 6×
  The court held that the trial court erred in its jury charge regarding the burden of proof to rebut the presumption of employment and in failing to properly address prejudicial arguments by plaintiff's counsel.
• Kroger Grocery & Baking Co. v. Reddin (two cases)
  128 F.2d 787· 8th Cir.· 1942-06-24 ·cited 6×
  A Missouri administratrix can sue in Missouri under Illinois' wrongful death statute, and a release signed by the widow individually does not bar these statutory claims.
• Ouzts v. Powell
  125 F.2d 768· 5th Cir.· 1942-02-05 ·cited 6×
  The court held that the railroad company was not liable because the State Road Department's placement of its own warning signs relieved the railroad of the duty to erect statutory signs, and no other negligence was apparent.
• Director General of Railroads v. Fanny Into
  83 Fla. 377· Fla.· 1922-03-15 ·cited 6×
  A widow sued the Director General of Railroads under Florida statute for damages resulting from her husband's death when struck by a railroad engine traveling at unlawful, excessive speed through a municipality. The Florida Supreme Court affirmed a $15,000 jury verdict, holding t