Wrongful Death Statute

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

• Gilbert v. Charles E. Wills, Jr., M.D.
  834 F.2d 935· 11th Cir.· 1987-12-21 ·cited 5×
  The court held that the district court correctly dismissed the action for lack of diversity jurisdiction, as the parties collusively created jurisdiction by agreement.
• Weeks v. Alonzo Cothron, Inc.
  493 F.2d 538· 5th Cir.· 1974-04-29 ·cited 5×
  The court held that contributory negligence cannot be urged as a defense in an action brought under the election provision of the Longshoremen's and Harbor Workers' Act, and that damages for loss of nurture and guidance for minor children should be reconsidered under current stan
• Regan v. Marshall
  309 F.2d 677· 1st Cir.· 1962-11-15 ·cited 5×
  The court held that interest, regardless of its source, is excluded when calculating the jurisdictional amount in controversy for federal diversity jurisdiction.
• Healthcare Underwriters Grp., Inc. v. Sanford
  337 So. 3d 32· Fla. 4th DCA· 2022-03-30 ·cited 4×
  This case involves a medical malpractice lawsuit where a jury awarded damages to the estate of a deceased patient. The appellate court affirmed the trial court's decision on most issues, including the admission of evidence regarding the doctor's financial motive and the inclusion
• Scott v. The Est. OF Todd Barrett Myers
  871 So. 2d 947· Fla. 1st DCA· 2004-03-31 ·cited 4×
  The trial court erred in ordering that estate administrative costs, specifically funeral expenses, be paid from the survivors' wrongful death action recovery.
• Thomas v. Admin. Comm. of the Wal-Mart Stores, Inc.
  210 F. Supp. 2d 1296· M.D. Fla.· 2002-04-16 ·cited 4×
  The court held that the Plaintiff's state law claims were completely preempted by ERISA, establishing federal question jurisdiction and denying the motion to remand.
• Snyder v. Alamo Rent-A-Car, Inc.
  790 So. 2d 1262· Fla. 5th DCA· 2001-08-10 ·cited 4×
• United States Fid. & Guar. Co. v. Fitzgerald
  521 So. 2d 122· Fla. 4th DCA· 1987-12-02 ·cited 4×
  The court held that the mother, as the named insured, could recover under the uninsured motorist policy for the wrongful death of her son, even though the son was not a resident of her household at the time of the accident.
• Garland v. Herrin
  724 F.2d 16· 2d Cir.· 1983-12-08 ·cited 4×
  Under New York law, parents cannot recover damages for emotional distress resulting from extreme and outrageous conduct that caused the death of their child, as such claims are limited to pecuniary injuries under the wrongful death statute and New York does not recognize recovery
• Mary Grant for the Heirs of Gregory Grant v. The City OF Duluth
  672 F.2d 677· 8th Cir.· 1982-03-11 ·cited 4×
  The court held that the jury instructions misstated Minnesota law regarding a landowner's duty to a trespasser and a trespasser's duty to act reasonably, and also erred in refusing to instruct the jury that the award was not subject to income taxes.
• Romeo L. Janelle v. Seaboard Coast Line R.R. Co.
  524 F.2d 1259· 5th Cir.· 1975-12-24 ·cited 4×
  The court held that the Federal Employers’ Liability Act (FELA) provides the exclusive remedy for the death of a railroad employee, precluding a subsequent state law wrongful death action.
• ARD v. Seaboard Coast Line R.R. Co.
  487 F.2d 456· 4th Cir.· 1973-10-15 ·cited 4×
  The court held that the trial court erred in directing a verdict for the defendant railroad, as a jury could have found negligence based on the evidence presented.
• Burgh v. Carroll
  217 So. 2d 353· Fla. 3d DCA· 1969-01-07 ·cited 4×
  Appellants were not dependents within the meaning of the wrongful death statute because they failed to demonstrate actual inability to support themselves or a reasonable expectation/claim of support from the decedent.
• Stiles v. Gove
  345 F.2d 991· 9th Cir.· 1965-05-24 ·cited 4×
  The court held that the trial court did not err in giving a res ipsa loquitur instruction, nor in its instructions on the duty of care for common carriers, nor in allowing an amendment to conform to the evidence, nor in refusing requested instructions.
• Sikes v. Guest
  170 So. 2d 322· Fla. 2d DCA· 1964-12-16 ·cited 4×
  The court reviewed whether a genuine issue of material fact existed regarding a common-law marriage sufficient to withstand a motion for summary judgment, particularly concerning the burden of proof for asserting such a marriage.
• Sestito v. Knop
  297 F.2d 33· 7th Cir.· 1961-11-17 ·cited 4×
  A wife's claim for loss of consortium, arising from her husband's injury in a tort that occurred in Wisconsin, is governed by Wisconsin law, even if Michigan law would permit such a claim.
• Tilly v. Flippin
  237 F.2d 364· 10th Cir.· 1956-09-12 ·cited 4×
  The remedy provided by the New Mexico common carrier death statute is exclusive when death is caused by the negligence of a common carrier's employee, precluding a separate action under the general wrongful death statute.
• Atl. Coast Line R.R. Co. v. Kammerer
  218 F.2d 149· 5th Cir.· 1955-01-07 ·cited 4×
  The court held that the plaintiff's attorney's prolonged, inflammatory, and argumentative opening statement and closing arguments, which included inadmissible evidence and prejudiced the jury, constituted reversible error.
• Thomson v. Anderson
  138 F.2d 272· 8th Cir.· 1943-10-25 ·cited 4×
  The court held that the evidence was sufficient to support the jury's verdict for the plaintiff on both negligence and contributory negligence, and that the trial court did not err in its jury instructions or in refusing requested instructions and interrogatories.
• Seymour v. Hawkins
  133 F.2d 15· D.C. Cir.· 1942-11-23 ·cited 4×
  The court held that the plaintiff's repeated attempts to serve the defendant, even if not using the most efficient method, did not constitute a discontinuance of the action.
• Hudson Motor CAR Co. v. Hertz
  121 F.2d 326· 6th Cir.· 1941-06-25 ·cited 4×
  The court held that the statute of limitations for actions under the Virginia Death Statute begins to run from the accrual of the cause of action against the personal representative of the decedent wrongdoer, not from the appointment of the representative.
• Wood v. Morrow
  119 F.2d 776· 5th Cir.· 1941-05-21 ·cited 4×
  A trial judge's instruction limiting the jury's consideration of damages in a wrongful death case constitutes an invasion of the jury's province and is reversible error.
• Allyson Parham v. Fla. Health Scis. Ctr., Inc.
  35 So. 3d 920· Fla. 2d DCA· 2010-03-31 ·cited 3×
  In this wrongful death and medical malpractice case, the Florida Second District Court of Appeal affirmed a $350,000 damages award to the mother under Florida's statutory cap on noneconomic damages in medical negligence cases, reversed the trial court's denial of damages to the f
• Morris v. SSE, Inc.
  912 F.2d 1392· 11th Cir.· 1990-09-26 ·cited 3×
  The court held that Alabama law governed the breach of warranty claim, and that the claim was untimely under Alabama's two-year statute of limitations for wrongful death actions.
• Jones v. Mrs. Jacquelyn Steiner
  481 F.2d 392· 5th Cir.· 1973-07-09 ·cited 3×
  The court affirmed the dismissal of the Workmen's Compensation and wrongful death claims, finding that the district court properly declined to grant declaratory and injunctive relief, allowing plaintiffs to vindicate rights in state courts.
• Youngblood v. Taylor
  89 So. 2d 503· Fla.· 1956-09-12 ·cited 3×
  This case concerns whether a prior "not guilty" verdict in a minor's negligence suit bars a subsequent suit by the minor's father for damages. The court held that the father's suit is not barred because the father, as an individual seeking damages for loss of services and medical
• Ridley v. NCL (bahamas) Ltd.
  824 F. Supp. 2d 1355· S.D. Fla.· 2010-10-14 ·cited 2×
  The court granted the motion to dismiss, finding that the Death on the High Seas Act (DOHSA) may apply and requiring plaintiffs to specify the location of negligent actions, and that vicarious liability claims against the cruise line for ship doctors' negligence were inadequately
• Beauregard v. Cont'l Tire N. Am., Inc.
  695 F. Supp. 2d 1344· M.D. Fla.· 2010-03-16 ·cited 2×
  Summary judgment for the defendant is granted because the plaintiff failed to present sufficient evidence of a design or manufacturing defect in the tire at the time it left the manufacturer's control.
• Niziol v. Pasco Cnty. Dist. Sch. Bd.
  240 F. Supp. 2d 1194· M.D. Fla.· 2002-08-09 ·cited 2×
  The court held that the Gun-Free Schools Act does not create a private right of action enforceable under 42 U.S.C. § 1983, and that the plaintiffs failed to allege facts sufficient to establish a substantive due process violation under the special relationship or state-created da
• Est. OF Shirley J. Mills v. Trizec Props.
  965 F.2d 113· 6th Cir.· 1992-06-01 ·cited 2×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact exist regarding the personal representative's good faith belief and whether the defendant would be prejudiced by applying the relation-back doctrine.
• Nakajima Ex Rel. Estate of Nakajima v. United States
  759 F. Supp. 1573· S.D. Fla.· 1991-03-12 ·cited 2×
  The court held that the air traffic controller's negligence in failing to issue traffic advisories and maintain vigilance proximately caused the mid-air collision.
• Purnell v. City OF Akron
  925 F.2d 941· 6th Cir.· 1991-02-13 ·cited 2×
  The court held that the denial of the Campbells' motion to intervene as a matter of right was appealable and that they met the requirements for intervention.
• In re "Agent Orange" Product Liability Litigation. Thomas Adams v. United States
  818 F.2d 201· 2d Cir.· 1987-04-21 ·cited 2×
  The court held that the direct claims of wives and children should have been dismissed for lack of jurisdiction, similar to the veterans' claims.
• Krouse v. Krouse
  489 So. 2d 106· Fla. 3d DCA· 1986-05-13 ·cited 2×
  Steven Krouse, as personal representative of his deceased minor son's estate, appealed a summary judgment dismissing his negligence suit against his ex-wife Carole Krouse and her insurer based on interspousal tort immunity. The court reversed in part, holding that the doctrine of
• Stearns v. Johns-Manville Sales Corp.
  770 F.2d 599· 6th Cir.· 1985-08-16 ·cited 2×
  Ohio's comparative negligence statute, by its terms limited to negligence actions, does not apply to strict liability in tort claims.
• Cain v. Vontz
  703 F.2d 1279· 11th Cir.· 1983-04-25 ·cited 2×
  The court held that the question of proximate cause, including the foreseeability of an intervening criminal act, is a question for the jury, not to be decided as a matter of law on summary judgment.
• Taylor v. Raygo, Inc.
  680 F.2d 1223· 8th Cir.· 1982-06-23 ·cited 2×
  The court held that prejudgment interest is not awarded in Minnesota on unliquidated claims that depend on jury discretion, even in a bifurcated trial.
• Jolly v. Ins. Co. OF N. Am.
  331 So. 2d 368· Fla. 3d DCA· 1976-04-27 ·cited 2×
  Plaintiffs appealed from summary judgment dismissing their claims against the City of Key West and the Florida Keys Aqueduct Authority arising from a house fire where the fire department could not obtain water from hydrants due to alleged water system failures. The court affirmed
• Green v. Parisi
  478 F.2d 313· 3d Cir.· 1973-05-01 ·cited 2×
  The court held that the defendants failed to present sufficient evidence that the decedent had subjective knowledge of the gas leak, which is required to establish the affirmative defense of assumption of risk.
• Collins v. Fla. Towing Corp.
  262 So. 2d 459· Fla. 1st DCA· 1972-03-21 ·cited 2×
  The court held that evidence of the plaintiff's abandonment of his family was admissible to show his lack of concern, and that the jury's verdict regarding the deceased child's potential estate was not inadequate as a matter of law.
• Claudiatte Pierce v. Cook & Co., Inc.
  437 F.2d 1119· 10th Cir.· 1970-12-21 ·cited 2×
  Under Oklahoma law, a shipper is not liable for the negligence of an independent contractor hauler unless the work is unlawful or inherently dangerous, which ordinary truck hauling is not.
• Mildred C. Cain and husband v. Chester George et ux.
  411 F.2d 572· 5th Cir.· 1969-05-23 ·cited 2×
  The court held that an innkeeper owes guests a duty of ordinary care, not a high degree of care, under Texas law, and that certain evidentiary and jury instruction rulings were not erroneous.
• NEW York Cent. R.R. Co. v. Chernew
  285 F.2d 189· 8th Cir.· 1960-12-23 ·cited 2×
  The court held that the jury was properly instructed on the issues of the railroad's negligence in failing to provide adequate warning signals for the crossing and in failing to give adequate warning of the train's approach, and that the decedent was not contributorily negligent
• Cleaves v. Robinson
  242 F.2d 147· 3d Cir.· 1957-03-04 ·cited 2×
  The court held that there was sufficient evidence of the street car company's negligence and that its actions caused the decedent's fatal injuries.
• Smollin v. Wilson
  74 So. 2d 685· Fla.· 1954-09-24 ·cited 2×
  In this wrongful death case, appellants admitted liability but challenged whether the decedent's dependent, W. R. Wilson, Jr. (a one-armed man), could recover and whether the jury verdict was excessive. The Florida Supreme Court affirmed the judgment, holding that dependency was
• Hall v. McKINNEY
  211 F.2d 874· 4th Cir.· 1954-04-09 ·cited 2×
  The court held that the trial judge erred in directing a verdict for the defendant, as questions of fact regarding negligence and contributory negligence should have been decided by the jury.
• Kendall v. United AIR Lines, Inc.
  200 F.2d 269· 2d Cir.· 1952-11-28 ·cited 2×
  The court held that under Pennsylvania law, it was incorrect to charge the jury that they could add interest to damages from the date of the accident in wrongful death and survival actions.
• Atchison v. Herbold
  169 F.2d 12· 10th Cir.· 1948-07-14 ·cited 2×
  A traveler's failure to effectively look and listen at an unobstructed railroad crossing, when familiar with the crossing and train schedule, constitutes contributory negligence as a matter of law, barring recovery.
• Lewis v. Enter. Leasing Co.
  912 So. 2d 349· Fla. 3d DCA· 2005-10-05 ·cited 1×
  The Florida Third District Court of Appeal affirmed a trial court's summary judgment limiting wrongful death beneficiaries' non-economic damages claim against a car lessor to $100,000 in the aggregate under Florida's motor vehicle lessor liability statute. The court held that the
• Hayden v. Krusling
  531 F. Supp. 468· N.D. Fla.· 1982-01-22 ·cited 1×
  The court held that the Death On The High Seas Act (DOSHA) does not preclude recovery under a state's wrongful death statute for a non-maritime tort, even if the death occurs on the high seas.