CopyCited 62 times | Published | Supreme Court of Florida
...Sadowski, Helliwell, Melrose & DeWolf, Miami, for respondents. Robert Orseck, Podhurst, Orseck & Parks, Miami, for Academy of Florida Trial Lawyers, amicus curiae. OVERTON, Justice. These two cases concern the constitutionality of Florida's new Wrongful Death Act, Sections 768.16-768.27, *767 Florida Statutes (1973)....
...ing of a decedent and (2) punitive damages pursuant to Atlas Properties, Inc. v. Didich,
226 So.2d 684 (Fla. 1969). In Martin v. United Security Services, Inc., the Circuit Court for Duval County specifically upheld the constitutionality of Sections
768.16-768.27, and, by granting a motion to strike, denied the plaintiff-appellant's claim for punitive damages....
...American Bankers Insurance Company, the Circuit Court for Dade County certified the constitutionality of these statutory provisions to this Court as a question of great public interest. In both cases jurisdiction vests in this Court pursuant to Article V, Section 3(b), Florida Constitution. We hold that Sections 768.16-768.27, Florida Statutes, are constitutional to the extent that they consolidate survival and wrongful death actions and substitute for a decedent's pain and suffering the survivors' pain and suffering as an element of damages....
...Constitutionality of the New Wrongful Death Act; Pain and Suffering Damages The title of the new Wrongful Death Act, Chapter 72-35, Laws of Florida 1972, is as follows: " An Act relating to wrongful death action; amending chapter 768, Florida Statutes, by adding sections 768.16, ......
...Florida State Turnpike Authority,
80 So.2d 337 (Fla. 1955). However, the trial court found in the Martin case now before this Court, and we concur, that the title does contain a general description of matters germane both to Sections
46.021, the survival act, and to Sections
768.16-768.27, the Wrongful Death Act....
...Hunt, supra note 10. [12] Williams v. Ugree,
206 So.2d 13 (Fla.App.2d 1968); Covey v. Eppes,
153 So.2d 3 (Fla. 1963). [13] Ellis v. Brown,
77 So.2d 845 (Fla. 1955) (adults); Hooper Const. Co., Inc. v. Drake,
73 So.2d 279 (Fla. 1954) (minors). [14] §
768.16, F.S....
CopyCited 40 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28513
...see Wallace v. Harrison, 166 Ga. App. 461 , 304 S.E.2d 487 (1983), would probably apply German substantive law, which apparently would not recognize plaintiff’s right of action. Compare Tex. Rev.Civ.Stat.Ann. art. 4671, et seq., and Fla.Rev.Stat. § 768.16, et seq., with West German Civil Code § 844....
CopyCited 39 times | Published | Florida 4th District Court of Appeal
...es and transferring the cause from Orange County to St. Johns County, Florida. The plaintiffs filed an action for damages in Orange County, as parents and administrators of the estate of the decedent, under the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq....
...Hickey,
206 So.2d 29 (2nd DCA Fla. 1968), and certain exceptions exist based upon common law rules and public policy. See, City of St. Peterburg v. Earle,
109 So.2d 388 (2nd DCA Fla. 1959), and cases cited therein. The Florida Wrongful Death Act, Fla. Stat. §
768.16 et seq., contains no venue provision, and the general venue statutory provision contained in Fla....
CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 21342
...was centered in Illinois, the Illinois statute should have been utilized. Thus, appellant maintains that the decision of the district court to use the Florida Wrongful Death Act should be reversed. Under Florida’s Wrongful Death Act, Fla.Stat.Ann. § 768.16-27 (West Supp....
CopyCited 35 times | Published | Florida 2nd District Court of Appeal
...For the foregoing reasons the judgments appealed are Affirmed. McNULTY, C.J., and BOARDMAN, J., concur. NOTES [1] The alleged wrongful death and medical negligence occurred prior to July 1, 1972, the effective date of the new Florida Wrongful Death statute, Fla. Stat. 768.16-27.
CopyCited 17 times | Published | Supreme Court of Florida
...In that order the trial court denied petitioners' motion to strike an allegation in the complaint claiming loss of net accumulations beyond the decedent's death and/or loss of prospective estate. In denying the motion, the trial court expressly held the new Florida Wrongful Death Act, Sections 768.16-768.27, Florida Statutes, was unconstitutional to the extent it precluded recovery of loss of net accumulations by the decedent's two sisters, ruling specifically that the application of the wrongful death statute to the factual situation of t...
...We have previously upheld the constitutionality of the new Florida wrongful death act in Martin v. United Security Services, Inc., and Mobley v. American Bankers Insurance Company of Florida,
314 So.2d 765 (Fla. 1975). The Martin and Mobley cases specifically held Sections
768.16-768.27, Florida Statutes (1973), were constitutional to the extent that they consolidated survival and wrongful death actions and substituted for a decedent's pain and suffering the survivors' pain and suffering as an element of damage....
...For example, we recently upheld the constitutionality of the no-fault *576 insurance act which included substantial statutory changes in the manner of recovery for damages for personal injuries. Lasky v. State Farm Insurance Company,
296 So.2d 9 (Fla. 1974). The order of the circuit court declaring Sections
768.16-768.27 unconstitutional is quashed, and this cause is remanded to the circuit court for proceedings not inconsistent with the views expressed herein....
...Baldwin was survived by her two sisters who were her next of kin and heirs at law. "Defendants have filed a Motion to Strike the portion of Plaintiff's Complaint that claims damages for loss of net accumulations contending that under the new Wrongful Death Act, F.S. 768.16-27 (Eff....
...There is no constitutional significance in favoring spouses' and minor children's inheritance rights while disallowing the same inheritance rights for other heirs such as brothers and sisters. The court holds that the new Florida Wrongful Death Act (F.S. 768.16-768.27) to the extent that it precludes recovery of loss of net accumulations by any of a decedent's heirs who are the next of kin, is unconstitutional and in violation of the 14th Amendment to the United States Constitution and the 5th Ame...
CopyCited 15 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 546, 1989 Fla. LEXIS 1037, 1989 WL 128589
...The parties stipulated that Delta would not contest liability for compensatory damages and that the Estate would waive all other *1090 claims for damages, including any claim for punitive damages. The case proceeded to a jury trial solely on the issue of damages under the Florida Wrongful Death Act, Fla. Stat. § 768.16-768.27....
CopyCited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
...(surviving father)]? $____ TOTAL DAMAGES OF (surviving father) $____ *Insert appropriate numbers NOTE ON USE FOR FORM 2(b) The selection of applicable portions of this form depends upon determination of the survivors under the Wrongful Death Act, F.S. 768.16-768.26....
CopyCited 10 times | Published | District Court, S.D. Florida
...In order to insure the availability of such relief, the plaintiff has moved this Court to apply the federal common law of survivorship instead of the relevant Florida statute. The defendants have strenuously argued the applicability of the Florida Wrongful Death Act, see § 768.16 et seq....
...In Brazier, the Georgia wrongful death laws favored the life of the claim after the death of the victim. In Florida the state laws do not favor the life of the claim after the death of the victim. In 1972, Florida revised its wrongful death laws, see § 768.16 et seq....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2004 WL 119298
...rsonal representative against a nursing home for deprivation of a resident's Chapter 400 rights, which deprivation is alleged to have caused the resident's death, is the nature and measure of damages controlled and limited by the Wrongful Death Act, section 768.16? At that time, the section contained the following additional language: "The remedies provided in this section are in addition to and cumulative with other legal and administrative remedies available to a resident and to the agency." (emphasis supplied) In Beverly Enterprises v....
CopyCited 9 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908
...Eric's mother and father, Peter and Nancy *577 Brown, are also named individually as plaintiffs. The complaint alleges a variety of causes of action against the various defendants named in the complaint. Specifically, the plaintiffs allege a cause of action for the wrongful death of Eric Brown, brought pursuant to Fla.Stat. § 768.16....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...the cause, said judge, on his own motion or on motion of either party, may certify said question or proposition of law to the Court for instruction." [2] See 49 A.L.R.3d 189; Prosser, Law of Torts, 3d ed. § 129; Restatement of Torts, 2d § 283. [3] Section 768.16 et seq., F.S....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...only referred to as "The Survival Statute", for personal injuries and pain and suffering of Mrs. Smith until her death resulting from causes allegedly unrelated to the negligence of Lusk. In the alternative, Count II was brought pursuant to Sections 768.16-768.27, Florida Statutes (1975), "The Wrongful Death Act", which, unlike Count I, alleged that Mrs....
...In Count II, appellants sought damages for their mental anguish by reason of the death of their mother, medical and funeral expenses, and diminished value of the estate. Thereafter, appellees moved to dismiss Count I on the ground that Section
46.021 was impliedly abolished by the enactment of Section
768.16, et seq....
...Obviously, in Martin, the Supreme Court wished to continue one's right to maintain an action for damages where death was not the result of injuries sustained. Considering the language of Martin in conjunction with the clear language of the legislature in Sections 768.16, et seq., we are led to but one unmistakable conclusion which is, the legislature did not, in fact, impliedly abolish the survival statute by enacting the wrongful death act....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...lude that its admission resulted in a miscarriage of justice. At most the introduction of this evidence was harmless error. On the basis of the foregoing I would affirm the final judgment. NOTES [1] The cited statutes were repealed and replaced by F.S. 768.16-768.27, effective July 1, 1972....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1992 WL 379848
...NOTES [1] The following summarizes the procedural history leading to the dismissal of appellant's action: On January 26, 1989, Dareyl Funchess, nominal appellant, as personal representative of the estate of Samantha Funchess, his deceased wife, filed a wrongful death action against appellees, pursuant to section 768.16, Florida Statutes (1989)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...OSHA issued four citations to Otis
Elevator Company for regulatory violations classified as “serious.”
Appellee brought a wrongful death action against Otis
Elevator Company and Appellant, alleging that jurisdiction was
invoked pursuant to section 768.16, Florida Statutes, “the Florida
Wrongful Death Act.” Count II of the amended complaint asserted
a “Cause of Action for Wrongful Death Damages Against
[Appellant] Arising From Criminal Acts Exception to Worker’s
Compensation Emp...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2005 WL 2043268
...ut should be calculated based on the life expectancies of the parents, recognizing that the parents' pain and suffering could be life-long. [2] The current wrongful death act was enacted in 1972 and repealed pre-existing wrongful death statutes. See § 768.16, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 18 Fla. L. Weekly Fed. D 2232
...Zeiler (brother of deceased), as personal representative of the estate of John Zieleskiewicz, deceased, and on behalf of surviving children and parents, filed a two count amended complaint against Charles Abbott (tortfeasor) and American Manufacturers Mutual Insurance Company (underinsured motorist carrier) pursuant to section 768.16, et seq., Florida Statutes (1989)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...The pertinent statute of limitation, Section
95.11(4)(d), provides that an action for wrongful death shall be commenced within two years. In 1972, the legislature repealed the then existing wrongful death statute and enacted a new one which is encompassed in Section
768.16-768.27....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Nonetheless, the appellee contends that the amended complaint, by the inclusion of new elements of damages, substantially changed the cause of action and should be *209 barred. Again, we disagree. The statutory mechanism for bringing a wrongful death action, section 768.16, et seq., requires that the single cause of action for wrongful death be brought by the personal representative claiming each survivor's damages as well as the expenses incurred by the estate....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 55785
...When the statute of limitations began to run is not apparent on the face of the complaint. Commenos v. Family Practice Medical Group,
516 So.2d 37 (Fla. 1st DCA 1987). Because this is a medical malpractice action for injuries and death pursuant to § 768.57, Fla. Stat. and not a wrongful death action brought under §
768.16, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 10905, 1993 WL 299632
...On April 29, 1992, Jason's mother, Brenda Mills Walls, on behalf of the estate, filed an amended complaint for damages and demand for jury trial. The amended complaint reflected Jason's death and asserted a wrongful death action under the Florida Wrongful Death Act, Fla.Stat. § 768.16-27....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2017 WL 697746, 2017 Fla. App. LEXIS 2413
...vive the death of the injured party. Nissan Motor Co. v. Phlieger,
508 So.2d 713, 714 (Fla. 1987). As a result, the Florida Legislature created a cause of action, wrongful death, to allow for a claim that survived the death of the injured party. See §
768.16, Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 56 U.S.L.W. 2349
question. Florida’s Wrongful Death Act, Fla.Stat. §
768.16-.27, creates in the statutory beneficiaries an
CopyCited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 107478, 2009 WL 3733334
...BACKGROUND Plaintiff Glenn Fojtasek initiated this diversity action as husband and personal representative of the Estate of Barbara Fojta-sek, his deceased wife, seeking damages from Defendant NCL (Bahamas) Ltd., (“NCL”) pursuant to the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq., for NCL’s alleged negligence related to an excursion wherein Mrs....
CopyCited 3 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 25897, 2006 WL 1169694
...Plaintiff filed oppositions to the motion to strike (Doc. 70), and motion for summary judgment (Doc. 69). On December 16, 2005, the Court heard oral argument. (Doc. 82). I. BACKGROUND This is a products liability case for wrongful death pursuant to § 768.16, Florida Statutes....
CopyCited 3 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 8485, 2000 WL 781042
...Background The following factual allegations are taken from Plaintiff's Fourth Amended Complaint, filed on January 20, 2000. (Dkt.2). Plaintiff is the duly appointed personal representative of the Estate of TyRon Lewis, deceased. Plaintiff brought this suit pursuant to Florida's Wrongful Death Act, Fla. Stat. § 768.16-768.27, as the personal representative of the Estate of TyRon Lewis, a deceased minor....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1989 WL 53341
...England's surviving spouse brought suit against the United States in federal court pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. However, because the negligent act occurred in Florida, the action was governed by the Florida Wrongful Death Act, section 768.16 et seq., Florida Statutes (Supp....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2019, 2009 WL 632931
...Following apportionment of the settlement proceeds, Hartford should be permitted to assert its lien, as appropriate, against those proceeds attributable to the Estate as set forth in section
440.39(3)(a). Reversed and remanded. NORTHCUTT, C.J., and CASANUEVA, J., Concur. NOTES [1] Sections
768.16-768.27 constitute the Florida Wrongful Death Act. §
768.16.
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...t reverse as to the award of $35,000 to Agnes L. Reutimann, and remand for a new trial on the issues of (1) compensatory damages recoverable by Mrs. Reutimann, and (2) punitive damages. HOBSON, Acting C.J., and GRIMES, J., concur. NOTES [1] Sections 768.16-768.27, Fla....
...[2] For a comprehensive discussion of the prior statutory action involving a death by wrongful act and the new consolidated action therefor, the reader is referred to Justice Overton's opinion in Martin, supra . Martin upholds the constitutionality of Fla. Stat. 768.16-27, to the extent they consolidate survival and wrongful death actions, eliminate damages for the decedent's pain and suffering, and provide for recovery of damages for the survivor's pain and suffering....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 3478364
...hat it constituted a trap for the unwary. Huguette Orlando, as the mother and guardian of her minor son, Caleb Orlando, filed a negligence complaint against the School Board of Broward County and other defendants, pursuant to the Wrongful Death Act, section 768.16, et seq., Florida Statutes (1999)....
CopyCited 2 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 18587, 2005 WL 1690601
...aims, see Ex parte Kia,
881 So.2d at 398, but they do not identify any statutory basis for their claims. Defendants describe Plaintiffs' cases as wrongful death or survival actions brought pursuant to Florida's Wrongful Death Act ("WDA"), Fla. Stat. §
768.16-§ 768.27, and Survival Statute ("SS"), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 234614
...t. Section
768.17, Florida Statutes, entitled "[l]egislative intent," specifically provides: It is the public policy of this state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections
768.16-.27 are remedial and shall be liberally construed....
...re to timely and/or appropriately treat Willisha; (14) failure to appropriately and/or adequately supervise the personnel treating the mother and her babies during a high-risk delivery. [3] F.S. 768.03 (1965). [4] F.S. 768.03 (1971), superseded by F.S.
768.16.27 (1973). [5] F.S. 768.01 (1971), superseded by F.S.
768.16.27 (1973). [6] F.S. 45.11 (1965), as amended, F.S.
46.021 (1971), superseded by F.S.
768.16-.27 (1973). [7] The court noted, "... it is absurd to allow recovery for prenatal injuries unless they are so severe as to cause death." Id. at 306. [8] Duncan was decided under the former Wrongful Death Act (F.S. 768.01-.03 (1971), superseded by F.S.
768.16-.27 (1973)) because the death occurred three and one-half months prior to the effective date of the current Wrongful Death Act....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 56 U.S.L.W. 2182
...iery airplane crash while practicing landings and takeoffs at Middleton Field, Alabama. Their spouses, John Charles Rainey (“Rainey”) and Rondi M. Knowlton (“Knowlton”) sought money damages under the Florida Wrongful Death Act, Fla. Stat.Ann § 768.16-.27 in district court....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Appellant's remaining points have been examined and found not to present reversible error; accordingly, this appeal from the denial of a new trial upon the basis of a claimed inadequate verdict is hereby affirmed. Affirmed. NOTES [1] Under the circumstances of this case, these statutes have been superseded by Fla. Stat. § 768.16 et seq....
CopyCited 1 times | Published | District Court, S.D. Florida | 16 Fed. R. Serv. 3d 299, 1989 U.S. Dist. LEXIS 12908, 1989 WL 129204
...That only after reviewing the file and all other evidence, and consulting with Kenneth Harms, did counsel decide to file this action. PROCEDURAL HISTORY Plaintiffs [4] filed their original Complaint on February 3, 1988. The Complaint asserted *1497 claims for wrongful death pursuant to Section 768.16 et seq., Fla.Stat....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 150367
...E 56], 1 and Defendant’s Reply [DE 62], and is otherwise fully advised in the premises. For the reasons set forth below, Defendant’s Motion is GRANTED. I. INTRODUCTION This action is brought pursuant to the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq....
CopyCited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 37119, 2011 WL 1138645
...22), Plaintiff's Response and Cross-Motion for Summary Judgment with incorporated memorandum of law and Statement of Undisputed Facts, and exhibits (Dkt. 26), and Defendant's Response (Dkt. 30). This is an action for damages brought under Florida's Wrongful Death Act, section 768.16, et seq., Florida Statutes, by Plaintiff Mercedes Bedoya, on behalf of the decedent Wilder Bedoya's three survivors....
CopyCited 1 times | Published | District Court, S.D. Florida
...Ricky's self-inflicted wounds proved fatal. Plaintiff brings two causes of action against Defendants: count 1 arises out of the Deputies' response to the first 911 call and states a negligent wrongful death claim against Sheriff Snyder under Florida's Wrongful Death Act, Fla. Stat. §
768.16 -
768.26....
...ber *1090 12, 2018 (DE 44). The remaining two counts are as follows: Count 1 arises out of the Deputies' response to the first 911 call and states a negligent wrongful death claim against Sheriff Snyder under Florida's Wrongful Death Act, Fla. Stat. §
768.16 -
768.26....
CopyCited 1 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 9589
...See Petition of M/V Elaine Jones,
480 F.2d 11, 30 (5th Cir. 1973) . The question presented is therefore not whether the Florida survival statute can be applied in conjunction with the DOHSA, but whether the amendment in 1972 of the Florida Wrongful Death Act, Fla.Stat. §
768.16 et seq....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 3533677
...Given the plain meaning of the statute, and the cases interpreting its provisions, the trial court correctly denied the plaintiff's request to reduce the Medicaid lien proportionately to the amount the survivors' recovery bore to their total claim. Affirmed. KLEIN, J., and HOROWITZ, ALFRED, Associate Judge, concur. NOTES [1] § 768.16, Fla....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15893
...Appellants’ vehicle, while allegedly traveling at an excessive rate of speed, struck the boy who died shortly thereafter as a proximate result of the injuries sustained from the impact. The plaintiffs in the cause below, the parents of the deceased minor, initially filed suit under the Wrongful Death Act, Section 768.16, Florida Statutes, against the Sheirs, seeking compensatory and punitive damages for the death of their son....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8345
the enactment of the new Wrongful Death Statute §
768.16-[768].27, effective July 1, 1972, is conscious
CopyPublished | Court of Appeals for the Eleventh Circuit
...all other
claims arising out of her husband’s crash.
The district court concluded that LaCourse’s breach-of-warranty and breach-
of-contract claims—both of which she initially brought under Florida’s Wrongful
Death Act, Fla. Stat. § 768.16—had to be stricken on the ground that where
DOHSA applies it “preempts all other forms of wrongful death claims.” LaCourse
contends that the district court erred because, she says, her state-law claims don’t
seek a remedy broader...
CopyPublished | Florida 6th District Court of Appeal
under Florida’s Wrongful Death Act, codified at section
768.16 et. seq., Florida Statutes. After the
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16328
...lleges: 1. The basis of this claim is for the wrongful death of FORREST J. HARRIS, JR., deceased. 2. The claimant is ELAINE E. HARRIS, the personal representative of the Estate of Forrest J. Harris, Jr., deceased, and presents this claim pursuant to Section 768.16, Florida Statutes, on behalf of the Estate of Forrest J....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14811
...768.01-768.04, Florida Statutes 1971, constituted the Florida Wrongful Death Law at the time of the accident giving rise to the case sub judice. That law was materially changed by Chapter 72-35, Laws of Florida 1972, which was carried forward in Florida Statutes 1973, in F.S. 768.16— 768.27, and there designated as the “Florida Wrongful Death Act”....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13569
...After this case was orally argued before us our Supreme Court handed down its consolidated decisions in Martin v. United Security Services, Inc. and Mobley v. American Bankers Insurance Company of Florida. 1 The court there held that the new wrongful death act, i. e., § 768.16 et seq., F.S.1973, did not eliminate the right to claim punitive damages in actions brought thereunder....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 1790747
...h actions, there is nothing irrational about the policy choice reflected in the statutory text by which we are bound. The judgment in favor of CSX is therefore affirmed. Affirmed. DAVIS, J., and SULLIVAN, IRENE H., Associate Judge, Concur. NOTES [1] § 768.16-.27, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Following Audi’s death, the Appellants—his
parents, Jordan M. Anderson and Lindsay C. Hall, as well as the
estate’s personal representative, Ross Evans—sued the School
Board of Escambia County. Count I alleged wrongful death under
Florida’s Wrongful Death Act, section
768.16, Florida Statutes,
and Count II alleged negligence under Florida’s Survival Statute,
section
46.021, Florida Statutes.
The School Board moved for summary judgment on both
counts, which the trial court ultimately granted....
CopyPublished | Supreme Court of Florida
...$
*Insert appropriate numbers
NOTE ON USE FOR FORM 2(b)
The selection of applicable portions of this form depends upon
determination of the survivors under the Wrongful Death Act, F.S. 768.16–768.26.
- 88 -
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18923
...The circuit court of the Eleventh Judicial Circuit has certified to this court, in accordance with FAR 4.6, the following question for determination: “Whether § 1[.01] (14) or § 743,07, Florida Statutes, purport to and/or expressly or impliedly repeal or amend the provisions of §§ 768.16-768.27, Florida Statutes, so as to change the definition of the word 'minor’ contained in the latter statutes to mean ‘any unmarried child under the age of eighteen years of age,’ as opposed to ‘any unmarried child under the age of...
...the estate of John Scott Hanley, deceased, and seeks wrongful death damages on behalf of the decedent’s estate and for the use and benefit of John Hanley and Joan Hanley, individually, under the aegis of new Florida Wrongful Death Act, Fla.Stat. §§ 768.16 et seq....
...(and present) Wrongful Death Act is Fla.Stat. §§ 768.-16-768.27. It was enacted by the Legislature in Laws of Florida 1972, as Ch. 72-35. It became effective on July 1, 1972. Section
768.18 thereof provides: “768.18 Definitions. — As used in §§
768.16-768.27: “(1) ‘Survivors’ means the decedent’s spouse, minor children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters....
....4) The word 'minor’ includes any person who has not attained the age of 18 years.” The defendants urge that under the Wrongful Death Act “minor children” were defined as “unmarried children under twenty-one (21) years of age.” Fla.Stat. § 768.16-768.27....
...e history of the session in which the Florida Emancipation Act, Fla.Stat. § 743.-07, was passed demonstrates the intention of the Legislature to leave intact the 21 year old provision of the law applicable to the Wrongful Death Statute, Fla.Stat. §§ 768.16-768.27....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16826
BOARDMAN, Judge. On May 20, 1977, appellants/plaintiffs filed a two-count complaint seeking damages against appellees/defendants, Malcolm E. Beard, John Clamon, and R. L. Rodriguez, pursuant to the Florida Wrongful Death Act, Section 768.16-.27 (1977)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 10453, 1999 WL 565802
...the basis for the final judgment. The appellant, plaintiff below, brought suit against the appellee, defendant below, arising from the death of the appellant’s father. The pertinent parts of the complaint sought wrongful death damages pursuant to section 768.16 of the Florida Statutes and pled the following counts: (1) negligence, (2) fraud in the inducement, (3) breach of contract, and (4) fraudulent misrepresentation....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9123, 1996 WL 491715
...The sole issue on this appeal is whether the trial court erred in granting Post 10164’s motion to transfer venue from Putnam County to Marion County. On November 29,1994, Gloria Starita 1 filed a complaint against Post 10164 and Virginia Mullins, Kathleen Freaney and David Rye. 2 The action was brought pursuant to section 768.16, Florida Statutes (1991)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2055
...The Craggs pickup truck rearended the Florida Rock tractor-trailer. There was evidence that poor maintenance of the brakes on the pickup truck may have contributed to the accident. Simpler’s widow obtained workers’ compensation benefits- from his employer, Craggs, and filed suit in wrongful death under Section 768.16, Florida Statutes (1981), against Florida Rock and Johnston, as well as against General Motors Corporation and International Harvester Company....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15392
...The trial court struck the claim for pain and suffering, and that judicial act is the assigned error to which we address ourselves. In a nutshell, appellant contends that in consolidating survival and wrongful death actions into the Florida Wrongful Death Act (Section 768.16-768.27, Florida Statutes (1975)), the Legislature intended to establish a cause of action in a decedent’s survivors for their pain and suffering to replace the old cause of action which existed under the survival statute for the pain and suffering experienced by the deceased prior to his *1052 demise....
...1st DCA 1976) the court used the Martin terminology almost verbatim as follows: . . The Supreme Court in the aforementioned case held that the provisions of the Survival Statute, Section 46.-021, Florida Statutes, were consolidated with the new Wrongful Death Act of Florida, Sections
768.16-768.27, Florida Statutes; that the claim for a decedent’s pain and suffering was eliminated and that there was substituted the claim of pain and suffering for close relatives of the decedent.” (Emphasis supplied.)
327 So.2d at 860-861 ....
