Florida/Georgia Personal Injury & Workers Compensation

...Where a decedent has a surviving spouse, Florida's wrongful death statute permits a minor child, but not an adult child, to recover damages for loss of parental companionship and for mental pain and suffering. *289 § 768.21(3), Fla. Stat. (2002). The statute defines a minor as a person under twenty-five years of age. Id. § 768.18(2)....

...A parallel provision, section 768.21(1), gives damages for lost support and services due to a parent's death. Dependent adult children may recover these damages. Section 768.21(1) damages are not at issue in this appeal. [2] Section 768.21(1) gives these damages to "survivors." Survivors include minor children. § 768.18(1), Fla....

...which is not criminal under Florida law. In 1972, the Legislature amended the wrongful death statute to include within the definition of "survivors" an illegitimate child of a father who "has recognized a responsibility for the child's support." Sub-section 768.18(1), Florida Statutes....

...nsation Act, where the child has been "acknowledged" even by circumstantial evidence, by the father; e) vicariously through damages for wrongful death where the natural father "has recognized a responsibility for the child's support" pursuant to sub-section 768.18(1), Florida Statutes; and f) where the natural father marries the mother subsequent to divorce from the man to whom she was legally married at the time the child was conceived....

...It was the plaintiffs position that the Illinois wrongful death statute should be used. In Florida, unlike Illinois, the representative of the decedents’ estate may recover on behalf of non-minor children only if they are “partly or wholly dependent on the decedent for support.” Fla.Stat.Ann. § 768.18....

...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. 1984), Beth Ann must be a survivor, as defined in § 768.18(1) to recover....

...a.1978); Henderson v. Ins. Co. of North America, 347 So.2d 690 (Fla.Dist.Ct.App.1977). As a “blood relative” she must show at least partial dependence “on the decedent for support or services,” in order to be a “survivor.” Fla. Stat.Ann. § 768.18(1) (West.Supp.1984)....

...sue. 5 . As was noted previously, the district court severed the question of liability from the question of dependence. Since the district court determined the dependency issue adversely to the plaintiff the liability issue was never determined. 6 . § 768.18(1) provides: "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....

...Other evidence of Florida’s lesser interest is demonstrated by the fact that the Florida statute has since been amended. The statute no longer requires a demonstration of dependency for children of the decedent under 25. Beth Ann was 23 when her parents died. 1981 Fla.Laws c. 81-183, §§ 1, 3; Fla.Stat.Ann. § 768.18(2)....

...n a cause of action for the wrongful death of their son. Section 768.21(4), Florida Statutes (1983) allows the parents of a minor child to recover damages for mental pain and suffering, but the victim in this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983)....

...Net accumulations are that part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy. § 768.18(5), Fla....

...We answer the question in the affirmative. The current dispute centers around the wording of section 768.21(6)(a)2, Florida Statutes (1983), which allows the estate of a decedent to recover net accumulations "if the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1)." The problem arises here because although the decedent was not a minor child as defined in section 768.18(2) at the time of death, he did have survivors as defined in section 768.18(1) because parents are included in the class of people defined as "survivors" under section *1049 768.18(1)....

...the decedent's survivors included a surviving spouse or lineal descendants. In 1981, the legislature amended section 768.21(6)(a) to also allow the estate of a decedent to recover net accumulations: If the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1)....

...ent who is survived only by non-dependent parents to recover prospective net accumulations by amending section 768.21(6)(a) to provide that the estate of a decedent may recover net accumulations: 2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under *1050 subsection (1), and there is a surviving parent....

...ational classification in violation of the equal protection clause. Another reasonable construction of section 768.21(6)(a)2 exists. In allowing the estate of an adult to recover net accumulations if the decedent did not have survivors as defined in section 768.18(1), the term "survivors" means those survivors who can invoke other available remedies authorized by the other provisions of the Wrongful Death Act. This construction is supported by reading section 768.18(1) in pari materia with sections 768.21(1) through (5). Every class of persons defined as "survivors" in section 768.18(1) is afforded a remedy for wrongful death somewhere in section 768.21(1) through (5)....

...ts who could recover for pain and suffering because the deceased was a minor child or parents who could recover because they were dependent upon the child for support or services. Thus, non-dependent parents of an adult child are not survivors under section 768.18, as referred to in 768.21(6)(a)2, because they are not entitled to recover under the other provisions of the Wrongful Death Act....

...apartment; made clothes for her; owned the family car and chauffeured her around because she did not have a driver's license. It was basically upon these facts that Sharon successfully contended in the trial court that pursuant to the provisions of Section 768.18, Florida Statutes, she was "partly ......

...llion in favor of Ageloffs 3 estate. Delta appeals, contending that the trial court erred by (i) permitting the calculation of Ageloff’s projected annual saved net income by a method which contravenes the Express Exclusion 4 contained in Fla.Stat. § 768.18(5), (ii) allowing an improperly speculative, multiple recovery 5 by admitting evidence concerning the effects of inflation upon the dollar amounts of Age-loff’s expected future “net accumulations,” (iii) declining to give Delta’s re...

...Before trial, Delta made a Motion in Li-mine to exclude all evidence relating to the value of Kidsworld and its subsidiaries. That motion was not opposed by the estate, and was granted. 6 At trial, Delta made a second Motion in Limine, to exclude — on the basis of § 768.18(5) (n....

...13 Based on his analysis of the company’s earnings, Dr. Goffman calculated that these reinvested savings would yield an annual return of 12.5% (line 4, col. (b)). 14 Dr. Goffman also assumed that the return on reinvested savings is properly a part of “net accumulations” as defined in Fla.Stat. § 768.18(5)....

...(c)), 20 and (iv) predicted that Ageloff would have left these savings in Kidsworld, receiving an annual return of 18% (line 4, col. (c)). 21 Dr. Cunitz also assumed that the return on reinvested savings is properly a part of “net accumulations” as defined in § 768.18(5)....

...geloffs life expectancy — from the investments into which Ageloff hypothetically would have put those savings had he lived to the end of his life expectancy. The error, in Delta’s view, is that such a course contravenes the language of Fla.Stat. § 768.18(5), which expressly excludes “income from investments continuing beyond death” from the computation of net accumulations. Delta further contends (ii) that even if the course followed below did not contravene § 768.18(5), then “[ijnterest income earned after the decedent’s death ......

...Yet it also seems possible that the Florida legislature intended the income from such an investment could logically be included in net accumulations to the extent that that income would have been received after the decedent’s premature death but before the end of his natural life expectancy. In the second branch of its § 768.18(5) attack, Delta urges that the lump sum recovery of the present value of Ageloff’s projected savings from his remuneration as an officer of Kidsworld may be invested by the estate or the ultimate distributees in a fashion which would yie...

...state by reason of the decedent’s death. The question remains, did the Florida legislature (i) share Delta’s views and (ii) did it express that view by the inclusion of the words “excluding income from investments continuing beyond death” in § 768.18(5)....

...Section 768.21(6) provides: [t]he decedent’s personal representative may recover for the decedent’s estate the ... loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value. 2 . Section 768.18(5) provides: "Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy....

...Mellish’s "net accumulations rate” incorporates a component that accounts for the investment earnings which the saved income produces. *386 Despite Dr. Mellish’s methodology, Delta’s asserts that such interest earnings constitute "income from investments continuing beyond death,” in contravention of § 768.18(5) and are not properly counted as part of net accumulations....

...Their figures at that intermediate step — shown in their written reports — were $2,235,359 and $3,247,-763, respectively (unreduced to present value). In the absence of their mutual assumption that the return on reinvested savings is properly a part of "net accumulations” as defined in Fla. Stat. § 768.18 (5), both estate experts presumably would have incorporated a period of “de-accumulation" consisting of the nine years between Ageloffs prospective retirement and the end of his life expectancy since neither expert in his written report a...

...vides: "`... If the decedent's survivors included a surviving spouse or lineal descendents, loss of net accumulations beyond death and reduced to present value may also be recovered.' (emphasis added) "When the definition of `survivors' set forth in Section 768.18 is read in conjunction with the above-quoted portion of 768.21(6)(a), it appears that the new act purports to allow recovery for loss of `net accumulations' beyond death only if the decedent is survived by a surviving spouse or minor children....

...r next of kin heirs of a decedent. "The item of damage that we are concerned with, `loss of net accumulations,' by its very definition in the new act is considered to be a part of a decedent's prospective estate. `Net accumulations' is defined under Section 768.18(5) as that part of the decedent's expected future income, "`......

...(1997). The survivors that can recover damages are statutorily defined to be "the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters." § 768.18(1), Fla....

...The Florida Wrongful Death Act, however, permits the parents of the decedent to recover — without restriction — damages for their pain and suffering if the decedent was a "minor child" at the time of death. Id. The Act further defines a "minor child" as children under 25 years of age. Id. at § 768.18(2)....

...Prior to trial, Delta filed a Motion in Limine objecting to testimony of the Plaintiffs' experts regarding any investment return on Ageloff's future savings. The Defendant's position was that the investment yield on future savings was not a proper component of net accumulations as defined in Fla. Stat. § 768.18(5)....

...of survivors, excluding contributions in kind." Plaintiffs claimed that investment yield on future savings does not constitute "income from investments continuing beyond death" and was, therefore, a proper element of net accumulations, as defined in § 768.18(5)....

...Thereafter, Delta filed a timely Notice of Appeal in this Court. Ageloff v. Delta Air Lines, Inc., 867 F.2d 1268, 1269-71 (11th Cir.1989) (footnote omitted). The court of appeals certified the following questions: 1. Does the definition of Net Accumulations under Fla. Stat. § 768.18(5) of the Florida Wrongful Death Act: (a) include investment income? (b) exclude the investment return on future savings of a Decedent as constituting "income from investments continuing beyond death?" 2....

...upon the (i) below-market-discount method, (ii) the case-by-case method, (iii) the total offset method? Id. at 1271 (footnote omitted). As worded, the answer to question 1(a) appears to be answered by the explicit language of the Wrongful Death Act. Section 768.18(5) provides: (5) "Net accumulations" means the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy....

...ectancy, and deducting from that number the probable living expenses of the decedent to be incurred during the same period. The figure obtained is then discounted to present value. See Wilcox v. Leverock, 548 So.2d 1116, 1117-18 (Fla.1989). See also § 768.18, Fla....

..., any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support. Fla. Stat. § 768.18(1)....

...descendant. F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, *786 492 So.2d 1047 (Fla.1986). The committee expresses no opinion concerning whether "net accumulations" include income ending at death which is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc....

...nd death. In determining the duration of the losses, you may consider the [joint life expectancy of (decedent) and (surviving spouse)] [life expectancy of (surviving spouse)] together with the other evidence in the case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand eligible survivor claimants in wrongful death actions by surviving parents and children, but are not applicable to claims for medical malpractice as defined by F.S....

...for the benefit of [each of] (decedent's) *787 survivor[s]* (name them all), you shall consider the following elements: * Further instructions may be required if there is a factual question of whether a person is a "survivor" within the meaning of F.S. 768.18(1)....

...of (decedent's) death.]* * The bracketed material should be given only when warranted by the evidence and requested by a party. NOTES ON USE FOR 502.2g 1. Period of minority. The period of minority for purposes of the wrongful death act is age 25. F.S. 768.18(2)....

...investments continuing beyond death], which the decedent would have left as part of [his] [her] estate if [he] [she] had lived [his] [her] normal life expectancy. NOTE ON USE FOR 502.4c When it is shown that decedent had no survivors as defined in F.S. 768.18(1), lost accumulations are recoverable only if decedent was age 25 or over. F.S. 768.21(6)(a) (1985). The committee expresses no opinion concerning whether "net accumulations" include income ending at death which is not derived from salary or business. See F.S. 768.18(5) (1985)....

...Winn Dixie Stores, Inc., 376 So.2d 912 (Fla. 3d DCA 1979). If during the proceedings below, trial counsel knew that Dr. Redd's testimony was untruthful, counsel had an independent obligation to set the record straight. NESBITT, J., concurs. NOTES [1] § 768.18(1), Fla. Stat. (1995). [2] Section 768.18(3), Florida Statutes (1995), defines "support" as "contributions in kind as well as money." [3] Section 768.18(4), Florida Statutes (1995), defines "services," in part, as "tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent." [4] Because Carol Redd proceeded with her loss of consortium claim on the theory that it survived Dr....

...No motion for substitution was made within 90 days after the recorded suggestion of death, which 90 day period expired on June 19, 1988. On September 2, 1988, the personal representative of the deceased patient's estate filed a motion for leave to amend the complaint to substitute a wrongful death action under section 768.18, Florida Statutes, for the personal injury action....

...Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered: 1. If the decedent's survivors include a surviving spouse or lineal descendants; or 2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent....

...subsection (5). (c) Evidence of remarriage of the decedent's spouse is admissible. § 768.21(6), Fla. Stat. (1993). Stephan, the decedent, 22 years old at the time of his death, qualified as a minor child for purposes of the wrongful death act. See § 768.18(2), Fla....

...In December, 1975 — when Mikel Marks was approximately 3 1/2 years old — Frances Grant was killed in an automobile accident. Her personal representative brought a wrongful death action, asserting a claim on behalf of Mikel Marks. The Florida Wrongful Death Act — § 768.18, Florida Statutes (1977) — is on point....

...Appellees contended that Wilcox was not entitled to recover the estate's loss of net accumulations because the estate's only source of income was from the two aforementioned passive trusts. Appellees contended that the definition of "net accumulations" contained in section 768.18(5), Fla....

...Under section 768.21(6)(a), Florida Statutes (1983), the personal representative in this suit was entitled to claim the "[l]oss of the prospective net accumulations ... which might reasonably have been expected but for the wrongful death, reduced to present money value." Net accumulations are defined in section 768.18(5) as follows: (5) "Net accumulations" means the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy....

...e decedent's biological child but whose mother was married to another man at the time of the child's conception and birth. If so, a further question arises as to whether the facts necessary to establish that the child qualifies as a "survivor" under section 768.18(1), Florida Statutes (2005), may be determined in a wrongful death action brought under chapter 768, Florida Statutes (2005), rather than in a paternity action brought under chapter 742, Florida Statutes (2005)....

...The Fourth District reversed the trial court, explaining: We begin our own analysis with the statutory text. A survivor "includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support." § 768.18(1), Fla....

...laims on behalf of J.D. for the loss of his father. Thus, the court reversed and remanded the case to the trial court for a determination to be made in the wrongful *425 death action of whether J.D. is a "survivor" of Daniels under the provisions of section 768.18(1)....

...ture loss of support and services." § 768.21(1), Fla. Stat. (2005). Minor children "may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of the injury." § 768.21(3), Fla. Stat. Section 768.18(1) defines "survivor" to include the decedent's children and, "when partly or wholly dependent on the decedent for support or services, any blood relatives." § 768.18(1), Fla. Stat. That section further states that the definition of "survivor" includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support. § 768.18(1), Fla....

...Thus, one recognized meaning of the word "father" is the biological father—a man who has begotten a child. However, as Dr. Greenfield and St. Mary's contend, the word "father" can also refer to the man who is married to the woman when the child is conceived and born. Because section 768.18(1) does not define "father" for purposes of the wrongful death act, and the word appears to be capable of several different meanings, a level of ambiguity exists in the statute that justifies our further investigation into the purpose and intent of the enactment. See Barco, 975 So.2d at 1123. Because we must determine if the phrase "out of wedlock of the father" contained in section 768.18(1) was intended to refer to the biological father of a child born to a man not married to the mother, even though the mother was married to another man at the time of conception and birth, it is necessary to consider the expressed legislative intent in enactment of the wrongful death act....

...Sections 768.16-768.26 are remedial and shall be liberally construed. § 768.17, Fla. Stat. (2005). Therefore, the intent of the act is to shift the losses of survivors to the wrongdoer. Section 768.17 further mandates that the wrongful death act shall be liberally construed in aid of accomplishing that intent. Section 768.18(1) requires that for a child to be a survivor of a man who is not married to the mother, the man must have acknowledged the responsibility of support....

...in nature. The report also recommended that the Act be liberally interpreted to further justice, and should allow recovery by survivors including "a spouse and all blood relatives dependent in whole or in part upon the decedent." Id. at 42. Proposed section 768.18 of the Florida Wrongful Death Act was, in fact, enacted substantially as recommended by the commission. See ch. 72-35, § 1, at 174, Laws of Fla. We note that section 768.18(1) of the act provides that "blood relatives" of the decedent may recover damages if they are partly or wholly dependent on the decedent for support; and it is immediately after this reference to blood relatives that section 768.18(1) refers to children born out of wedlock of a father who has recognized a responsibility of support....

...In light of the stated legislative intent underlying the Florida Wrongful Death Act—that losses are to be shifted from the survivors to the wrongdoer and that the act is to be liberally construed to effect that intent—and in light of the text of section 768.18(1), we conclude that the biological child of a man not married to the mother may claim survivor damages in a wrongful death action so long as it is established that the decedent is the biological parent and that he acknowledged responsibility for support....

...etermination of paternity. It merely requires recognition by the biological father of a responsibility of support." Daniels, 15 So.3d at 912. [6] We agree, and also conclude that a formal declaration of paternity under chapter 742 is not required by section 768.18(1) in order for the child to be determined to be a survivor under the wrongful death act. [7] *428 A second question presented in this case is whether the factual determination of whether J.D. is a survivor under section 768.18(1) may be made in the wrongful death action. We agree with the Fourth District that whether a claimant is a survivor under the provisions of section 768.18(1) is a factual determination to be made in the wrongful death action. First, section 768.18(1) expressly authorizes survivor claims in a wrongful death action on behalf of a child born out of wedlock of the father. In so doing, the statute does not require that the decedent be formally declared to be the father in a separate action under chapter 742, Florida Statutes, which sets forth procedures for formal determinations of paternity. Section 768.18(1) only requires that the decedent be the biological father and that he has recognized a responsibility for the child's support....

...where the adjudication is necessary to determine the existing rights of the parties in that context, as anticipated in Kendrick and Gammon. Based on the foregoing, we conclude that the determination of whether a child qualifies as a "survivor" under section 768.18(1) may be made in a wrongful death action, and the statute does not require a separate action brought under chapter 742 to formally establish paternity....

...J.D., a matter that has not been fully litigated in the circuit court. Therefore, on remand, that issue is not foreclosed. It is so ordered. CANADY, C.J., and PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur. POLSTON, J., concurs in result. NOTES [1] Section 768.18(1), Florida Statutes, provides as follows: (1) "Survivors" means the decedent's spouse, children, parents, and when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support. § 768.18(1), Fla....

...is the biological child of his mother's husband rather than Daniels, the court recognized that the issue had not been fully litigated in the trial court and remanded for a final determination to resolve the issue of whether J.D. qualifies as a survivor of Shea Daniels under the requirements of section 768.18(1)....

...has with Willie Washington, his mother's former husband. Daniels, 15 So.3d at 912. The Fourth District distinguished between a determination of paternity and a determination of whether J.D. is a "survivor" under the statute, and stated: The statute [§ 768.18(1)] does not require a legal determination of paternity....

...cannot qualify for survivor benefits relating to children born out of wedlock because he was born in wedlock—while his mother was married to a man other than Shea Daniels. However, the statute specifically refers to a child "born out of wedlock of the father. " § 768.18(1), Fla....

...married child under the age of 21 years of age. Accordingly, the question posed is answered in the affirmative and the decision of the District Court is affirmed. It is so ordered. OVERTON, C.J., and ADKINS, BOYD and SUNDBERG, JJ., concur. NOTES [1] Section 768.18(2) provides: "`Minor children' means unmarried children under twenty-one years of age."

...ing of the trial court's ruling that he was not a survivor under the Wrongful Death Act. He ultimately withdrew the motion for rehearing, and on appeal does not dispute the trial court's ruling that he is not a survivor under the Wrongful Death Act. Section 768.18, Florida Statutes, provides that "survivors" are "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." We...

...Achumba and Honor were never married to each other. In support of her claim, Achumba produced a letter, purportedly signed by Honor, wherein he acknowledged paternity of Smoot. [2] Therefore, Achumba maintains that Smoot is entitled to recover under section 768.18 as Honor's "survivor." After answering the complaint, Neustein filed a motion for summary judgment arguing that Smoot could not be Honor's "survivor" pursuant to section 768.18(1), because she was born during the marriage between Achumba and Beckford, and Beckford is listed on Smoot's birth certificate as her father....

...[3] Achumba asserts that Smoot is a survivor pursuant to section 768.21(1), because she was born "out of wedlock of the father," and Honor recognized a responsibility for her support. For the following reasons, we disagree with Achumba's arguments. Section 768.18(1) defines survivors thusly: "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters....

...Substance Under Florida Law?, Fla. B.J., Jan. 1999, at 57; Kimberly G. Montanari, Note, Does the Presumption of Legitimacy Actually Protect the Best Interests of the Child?, 24 Stetson L.Rev. 809 (1995). [1] § 732.108(2)(b), Fla. Stat. (1985). [2] § 768.18(1), Fla....

...its percentage of fault relative to any others whose actions combined to create the decedent's injuries, including those of the decedent himself. On retrial, as Kidron correctly argues, net accumulations should reflect only those items as defined in section 768.18(5), Florida Statutes (1993)....

..., food, clothing, entertainment, and shelter, including expenses incidental to shelter, would be personal in nature." (emphasis added). Personal expenses are deducted from net business or salary income, for purposes of calculating net accumulations. § 768.18(5), Fla....

...Jenkins, 752 So.2d 561, 565-66 (Fla.2000) (observing the principle that remedial statutes should be liberally construed and limitations on remedial statutes should be narrowly construed). The Act defines "survivors" broadly to include the decedent's children. § 768.18(1), Fla....

...es under the Act. However, as in the instant case, a child's right of recovery may depend on whether he or she falls within the definition "minor children," which requires the child to be "under 25 years of age, notwithstanding the age of majority." § 768.18(2), Fla....

...ees: the driver, the lessee, and the owner-lessor of the other car. Decedent Meyer, who at death was over 21 years of age, had no wife, no children, nor any other dependents. His parents are his only survivors under Florida's wrongful death statute. Section 768.18(1), Florida Statutes....

...iss for lack of a personal representative. Appellant argues an administrator ad litem may properly maintain a wrongful death action because the term "personal representative" encompasses the term "administrator ad litem". The wrongful death statute, section 768.18, Florida Statutes *45 (1989), does not define the term "personal representative"....

..."Net accumulations" is defined as that "part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy." § 768.18(5), Fla....

...We have reviewed the evidence of lost services and, simply put, we have found absolutely no predicate for such a grand verdict. For purposes of the Wrongful Death Act, Susan Brown would have reached "majority" in two years; Judith would have reached that status in five years. § 768.18(2), Fla....

...eficiaries of that section to minor children. He further argues that, if that section precludes all children, except minors, from recovering damages, it is unconstitutional. Appellee on the other hand supports the trial court's ruling by pointing to Section 768.18(1), Florida Statutes (1975), which defines "survivors" as used in the Florida Wrongful Death Act (Sections 768.16-768.27) as follows: "(1) `Survivors' means the decedent's spouse, minor children, parents, and, when partly or wholly dep...

...*692 If the decedent's survivors include a surviving spouse or lineal descendants, loss of net accumulations beyond death and reduced to present value may also be recovered." The adult children of a decedent who are not dependent upon the decedent are not "survivors" under Section 768.18(1); therefore they are not "survivors" under Section 768.21(6)(a). Hence the trial court correctly ruled that the appellant could not recover "net accumulations" (as that term is defined in Section 768.18(5)) on behalf of the decedent's adult children....

surviving spouse. See id. § 768.18(2) (defining minor child as a child "under 25

...These statutes when enacted in 1972 made substantial changes in the laws pertaining to claims for wrongful death. The decedent's personal representative now brings all suits for the benefit of each of the decedent's survivors and his estate. § 768.20, Fla. Stat. (1977). Section 768.18(1) defines survivors to include a decedent's parents, and Section 768.21(1) lists the elements of damage for which "each survivor" may recover....

...r services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support." § 768.18(1), Fla....

...r services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support." § 768.18(1), Fla.Stat....

...sequence of an early death, without consideration for the consequences of federal estate taxes upon what would otherwise have been available for distribution. The interpretation flows from the statutory term "net accumulations" as plainly defined in section 768.18(5): [T]he part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy....

...ines' remarriage in mitigation of his loss of support and services of his deceased wife. Although the court erred in giving the instruction which is set forth above, Gaines has not cross-assigned this as error; therefore, a reversal is not required. Section 768.18, Florida Statutes, defines "survivors" as including a decedent's parents....

...This section further states that in evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. Section 768.18, Florida Statute, defines services as meaning "tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to a survivor of the decedent....

...He was also survived by three other children whose mother was not Beatrice: Nicky Woods, Ricky Terrell, and Mario Williams. All of the surviving children were under the age of 25 at the time of their father's death, and therefore qualified as "minor children" under the Wrongful Death Act. See § 768.18(2), Fla....

...We agree and reverse. The facts are that the 18 year old alleged father was killed on a motorcycle. Nine months later his girlfriend gave birth to a child on whose behalf this wrongful death *685 action was instituted. The child claims to be a "survivor" under Section 768.18(1), Florida Statutes (1977) which reads: (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....

...pressures. The only comment he made about this issue is that morphine can lower, but not raise, heart rate. [22] The Wrongful Death Act defines "minor children" as including children under 25 years old, regardless of the age of majority. Fla. Stat. § 768.18(2)....

...20, Fla. Stat. (2012). The Act defines “survivors” as “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.” Id. § 768.18(1)....

...decedent’s injury. The definition of “survivor” in the statute is limited to familial relationships only, and both subsections (1) and (2) of section 768.21 clearly provide that damages are recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)–(2), Fla....

...The only other damages were medical and funeral expenses which were stipulated to be $2,141.75. The jury returned a verdict for the appellee in the amount of $50,000. The portions of the Wrongful Death Act pertinent to the determination of this case are set forth below: 768.18 Definitions....

...If the decedent's survivors include a surviving spouse or lineal descendants, loss of net accumulations beyond death and reduced to present value may also be recovered. The appellants contend that under Section 768.21(6)(a) the lineal descendants named in the complaint were not "survivors" as defined by Section 768.18(1)....

...Insurance Company of North America, 347 So.2d 690 (Fla. 4th DCA 1977), our sister court recently answered this question adversely to the appellee's position: The adult children of a decedent who are not dependent upon the decedent are not "survivors" under Section 768.18(1); therefore they are not "survivors" under Section 768.21(6)(a)... . We agree. The statutes permit no other interpretation. Section 768.18 specifies that the definitions contained therein shall be applicable throughout the Wrongful Death Act....

...[1] The precise language of the statutes leads to the inescapable conclusion that loss of net accumulations is recoverable only by a surviving spouse or lineal descendants providing these persons fall within the definition of "survivors." [2] By reference to Section 768.18(1) this would include only the surviving spouse and minor children and any other lineal descendants when partly or wholly dependent upon the decedent for support or services....

...services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support. § 768.18(1), Fla....

...e of the decedent’s injury. The definition of “survivor” in the statute is limited to familial relationships only, and both subsections (1) and (2) of section 768.21 clearly provide that damages are recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)-(2), Fla....

...`Net business or salary income' is the part of the decedent's probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent's personal expenses and support of survivors, excluding contributions in kind. § 768.18(5), Fla....

...Section 768.20, Florida Statutes (1987), limits recovery to statutory "survivors:" The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in the act, caused by the injury resulting in death. Section 768.18, Florida Statutes (1987), defines "survivors:" [2] (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....

...The state of dependency is determined by factual circumstances existing at the time of death. Wadsworth v. Friend, 201 So.2d 641 (Fla. 4th DCA 1967); accord King v. Font, 612 So.2d 662 (Fla. 2d DCA 1993). Neither Kelli, 27, nor Cheryl, 29, are "minor children" for the purposes of section 768.18....

...rom Dolly, the daughters were partially dependent on their mother at the time of her death. The trial court found otherwise, as a matter of law. Appellate decisions in this area are replete with defense summary judgments upheld on similar facts. [3] Section 768.18(1) does not provide a safe harbor for persons fortunate enough to have a relative whose generosity enables them to acquire luxury items or to live beyond their means....

...st name. We intend neither disrespect nor gender bias by this familiarity. [2] The statutory definition of "survivors" was amended in 1990 to include all children of the decedent, regardless whether the children have reached the age of majority. See § 768.18(1), Fla....

...*642 In considering the claim for pain and suffering of the parents of the unborn child we must construe § 768.21(4), which provides: "Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury." The key wording in this section is "minor child." Section 768.18(2), Florida Statutes (1973), Definitions, states: "`Minor children' means unmarried children under twenty-one years of age." [2] The construction of the term "minor child" in Stokes v....

...m here. [2] In any event, the "legal relationship" requirement would prove unworkable, as we have found no relevant definition of a "legal relationship." Appellees contend the Florida Wrongful Death Act's definition of "survivors" should govern. See § 768.18(1), Fla....

...p of their father. The plaintiff contends that the trial court erred in denying the motion for new trial on the issue of the children's damages. We agree. Under the Florida Wrongful Death Act, both Janet and Gerald are considered minor children. See § 768.18(2), Florida Statutes (1995)....

...We recognize that under Fla.Stat. § 743.07(1), eighteen is recognized as the age of majority. However, under the Florida Wrongful Death Act “minor children” are defined as “children under 25 years of age, notwithstanding the age of majority.” Fla.Stat. § 768.18(2) (1986)....

...“Net business or salary income” is the part of the decedent’s probable gross income after taxes, *745 excluding income from investments continuing beyond death, that remains after' deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind. ■ Fla.Stat. § 768.18(5) (1986)....

...measure^] the loss to the decedent’s estate as a consequence of an early death, without consideration for the consequences of federal estate taxes upon what would otherwise have been available for distribution. . The interpretation flows from the statutory term “net accumulations” as plainly defined in section 768.18(5)_ There is no language in the statute which suggests that the -legislature intended the....

...OR A NEGLIGENT TORT CAUSING INJURY OR DEATH? REVERSED and REMANDED. Question certified. FRANK D. UPCHURCH, Jr. and COWART, JJ., concur. NOTES [1] At the time of the crash, all four children were under 21 years of age, and thus "minor children" under section 768.18(2), Florida Statutes (1977)....

...llowing for “loss of prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value” and “funeral expenses.” “Net accumulations” is defined under Fla. Stat § 768.18 as: The part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy....

...The Court rejected the calculation proffered by Zinn’s damages expert in the process, and adopted with substantial modification the methodology proposed by the FAA’s expert. The Court’s final net accumulation calculation is fully compensable under Florida’s wrongful death statute, Fla. Stat. § 768.18 , and best reflects a credible and reliable damage assessment that gives the estate the benefit of unrealized salary income and capital gains that were lost at Zinn’s death....

...action is to be brought by the decedent's personal representative "who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death." [2] Survivors, as defined in Section 768.18(1), including parents, are entitled to recover "the value of lost support and services from the date of the decedent's injury to his death ......

...Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered: "1. If the decedent's survivors include a surviving spouse or lineal descendants; or "2. If the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1)....

...within a few days of one another. For several reasons, we decline to adopt any of these alternative definitions of "surviving spouse" as a judicial interpretation of the Wrongful Death Act. First, it seems clear that the definition of "survivors" in section 768.18, Florida Statutes (Supp....

...The trial court's rationale for denying the motion, however, was erroneous. An action for wrongful death is to be brought by a decedent's personal representative, who recovers for the benefit of the decedent's survivors and estate. See § 768.20. The definition of "survivor" includes a decedent's parents. See § 768.18(1). Section 768.21(4) states that each parent of a deceased minor child may recover for mental pain and suffering from the date of the injury. Section 768.18(2) defines "minor children" as children under 25 years of age, notwithstanding the age of majority. Here, the trial court determined that section 743.01, Florida Statutes (1997), which removes the disability of nonage of a minor who is married, changes the decedent's status from that of a minor to that of an adult for the purpose of section 768.18(2). As a result, the court concluded that the appellant has no claim under the Wrongful Death Act for the death of her son. Section 768.18(2), however, is susceptible to more than one interpretation: the first being that it includes married children, and the second being that it does not. When a statute is susceptible to more than one interpretation, it is helpful to refer to legislative history. See Magaw v. State, 537 So.2d 564 (Fla.1989). The *497 definition of "minor children" in section 768.18(2) was amended in 1981 to delete the terms "dependent unmarried" and to change the age from 21 to 25 years....

...on behalf of the deceased and his parents as sole survivors. Thomas Meyer was killed instantly. At the time of the accident he was over 21 years of age, was not married, had no children and did not contribute to the support of any person. His parents are his only survivors as defined by § 768.18(1), Fla....

...STATE LAW CLAIMS FOR WRONGFUL DEATH (Count VII against School Board; Count VIII against Sheriff White; Count IX against Principal O'Donnell; and Count X against Cpl. Little) Plaintiffs allege that all Defendants are also liable under Florida's Wrongful Death Statute, Section 768.18 et seq....

...s had no "survivors" within the meaning of the Act—defined as "the decedent's *1359 spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters." Id. § 768.18....

...of majority from twenty-one to eighteen (Section 743.07, Florida Statutes (1973)), never intended to reduce the age limit for recovery for wrongful death of dependent unmarried children from twenty-one to eighteen years under the Wrongful Death Act, Section 768.18(2), Florida Statutes (1972)....

...Upon careful consideration of these and other contentions advanced by appellants, we must conclude that the trial judge was correct in terminating this litigation. We affirm. The Wrongful Death Act, enacted in 1972, defined the term "minor" to mean "unmarried children under twenty-one years of age." Section 768.18(2), Florida Statutes (1972)....

...1976), ruled that the legislature, by amending the Emancipation Act, intended to reduce the age of majority for wrongful death purposes from twenty-one years to eighteen years. Appellants contend that the Supreme Court misread the legislative intent; and in support of this view they point to the 1977 amendment to Section 768.18(2), Florida Statutes, which provides that the term "minor," for wrongful death purposes, shall include "dependent unmarried children under 21 years of age, notwithstanding the age of majority." Although appellants recognize that statutes are not to be construed retroactively, they contend that since Section 768.17 provides that provisions of the wrongful death statute are remedial, it follows that the 1977 amendment to Section 768.18(2) may be applied retroactively, citing Village of El Portal v....

...Hoffman v. Jones, 280 So.2d 431 (Fla. 1973). The decision in Hanley, therefore, stands as the applicable judicial interpretation of the legislation controlling at the time the cause of action arose. We are not permitted to give the 1977 amendment to Section 768.18(2) retroactive application in the absence of language indicating its retroactive application in clear and explicit terms....

...n a cause of action for the wrongful death of their son. Section 768.21(4), Florida Statutes (1983) allows the parents of a minor child to recover damages for mental pain and suffering, but the victim in this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983)....

...Net accumulations are that part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy. Sec. 768.18(5), Fla.Stat....

...8 We answer the question in the affirmative. 9 "The current dispute centers around the wording of section 768.21(6)(a)2, Florida Statutes (1983), which allows the estate of a decedent to recover net accumulations 'if the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1).' The problem arises here because although the decedent was not a minor child as defined in section 768.18(2) at the time of death, he did have survivors as defined in section 768.18(1) because parents are included in the class of people defined as 'survivors' under section 768.18(1)....

...decedent's survivors included a surviving spouse or lineal descendants. In 1981, the legislature amended section 768.21(6)(a) to also allow the estate of a decedent to recover net accumulations: 11 If the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1)....

...who is survived only by non-dependent parents to recover prospective net accumulations by amending section 768.21(6)(a) to provide that the estate of a decedent may recover net accumulations: 14 2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent....

...ational classification in violation of the equal protection clause. Another reasonable construction of section 768.21(6)(a)2 exists. In allowing the estate of an adult to recover net accumulations if the decedent did not have survivors as defined in section 768.18(1), the term 'survivors' means those survivors who can invoke other available remedies authorized by the other provisions of the Wrongful Death Act. This construction is supported by reading section 768.18(1) in pari materia with sections 768.21(1) through (5). Every class of persons defined as 'survivors' in section 768.18(1) is afforded a remedy for wrongful death somewhere in section 768.21(1) through (5)....

...ts who could recover for pain and suffering because the deceased was a minor child or parents who could recover because they were dependent upon the child for support or services. Thus, non-dependent parents of an adult child are not survivors under section 768.18, as referred to in 768.21(6)(a)2, because they are not entitled to recover under the other provisions of the Wrongful Death Act....

...rts from filing a wrongful death action against appellee. Ard v. Ard, 414 So.2d 1066 (Fla. 1982) (limited waiver of interfamily immunity where insurance coverage available). Appellant asserts that she, as the decedent's mother, is a "survivor" under section 768.18(1) and is, therefore, entitled to have the personal representative bring a wrongful death action on her behalf....

..."Net accumulations", as defined by Florida law, means that part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as his estate if he had lived his normal life expectancy. Florida Statute Section 768.18(5)....

...wth in the Japanese commercial helicopter field. FF. The Court has considered the testimony and evidence presented at trial and finds that the probable loss of net accumulations of the estate of KEIJI NAKAJIMA, calculated pursuant to Florida Statute Section 768.18(5), and reduced to present value, is $590,000.00....

...Statutes. The Hospital argued that under section 768.21, Afonso's economic damages were limited to: (1) medical and funeral expenses; (2) loss of support and services (past and future); and (3) loss of net accumulations of the estate, as defined by section 768.18(5)....

...PLAINTIFF'S CLAIM FOR NET ACCUMULATIONS, SERVICES, AND SUPPORT Turning to Enterprise's second point on appeal, that the trial court erred in refusing to strike plaintiff's claim for net accumulations, services and support, we also disagree. This case involves Florida's Wrongful Death Statute. Section 768.18, Florida Statutes (2000), lists who may recover for wrongful death actions in Florida, as well as what they can recover....

...Prior to trial, Delta filed a Motion in Limine objecting to testimony of the Plaintiffs’ experts regarding any investment return on Ageloff’s future savings. The Defendant’s position was that the investment yield on future savings was not a proper component of net accumulations as defined in Fla.Stat. § 768.18(5)....

...vivors, excluding contributions in kind.” Plaintiffs claimed that investment yield on future savings does not constitute “income from investments continuing beyond death” and was, therefore, a proper element of net accumulations, as defined in § 768.18(5)....

...The jury returned a verdict in favor of the Plaintiffs for $1,000,000. The Defend *1271 ant’s Motion for New Trial was denied. Thereafter, Delta filed a timely Notice of Appeal in this Court. II. Questions to be Certified to the Florida Supreme Court 2 1. Does the definition of Net Accumulations under Fla.Stat. § 768.18(5) of the Florida Wrongful Death Act: (a) include investment income? (b) exclude the investment return on future savings of a Decedent as constituting “income from investments continuing beyond death?” 2....

of age, notwithstanding the age of majority.” § 768.18(2), Fla. Stat. Here, the Schleider’s daughter

...or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support. § 768.18(1), Fla. Stat. A "minor child" is defined as a child "under 25 years of age, notwithstanding the age of majority." § 768.18(2), Fla....

...Although the court certified conflict, the case was dismissed in the supreme court. We begin our own analysis with the statutory text. A survivor "includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support." § 768.18(1), Fla....

...A brief review of the legislative development of the Wrongful Death Act is helpful. When the Act was created in 1972, the term, "minor children," was defined to include unmarried children under the age of twenty-one. *481 Ch. 72-35, § 1, Laws of Fla. (codified at § 768.18(2), Fla. Stat. (Supp. 1972)). "Survivors" included minor children and dependent relatives. § 768.18(1), Fla....

...Primarily to cure the second problem, the legislature amended the Wrongful Death Act in 1985 to permit recovery of net accumulations either when the decedent's "survivors" included a spouse or lineal descendant or when the decedent was not a minor child as defined in section 768.18(2), neither support nor services were recoverable under subsection (1), and there was a surviving parent....

...ren, 84 A.L.R.3d 411, 422-425 §§ 3[a]-3[b] (1978 & Supp. 1994). [12] Illinois, South Dakota, and Tennessee have enacted statutes which allow a cause of action for wrongful death of a fetus, a viable fetus, and an unborn child, respectively. [13] F.S. 768.18....

...l descendant. F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So.2d 1047 (Fla.1986). The committee expresses no opinion concerning whether “net accumulations” include income ending at death which is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc....

...death. In determining the duration of the losses, you may consider the [joint life expectancy of (decedent) and (surviving spouse) ] [life expectancy of (surviving spouse) ] together with the other evidence in the case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand eligible survivor claimants in wrongful death actions by surviving parents and children, but are not applicable to claims for medical malpractice as defined by F.S....

...“Services” means tasks regularly performed by (decedent) for a survivor that will be a necessary expense to the survivor because of (decedent’s) death.] * NOTES ON USE FOR 502.2g 1. Period of minority. The period of minority for purposes of the wrongful death act is age 25. F.S. 768.18(2)....

...Use the bracketed paragraph above only when there is more than one defendant; the reference to "responsibility" in this additional instmction is designed for use in strict liability cases. Further instructions may be required if there is a factual question of whether a person is a “survivor'' within the meaning of F.S. 768.18(1)....

...Dolores Claudio Ortiz is the appellant in the companion case of Ortiz v. Regalado, No. 2D11-1071, which was consolidated with this case for record purposes only. . Mr. Regalado sought damages individually in his capacity as a statutory survivor of his deceased minor daughter under section 768.18, Florida Statutes (2006), part of Florida's Wrongful Death Act, sections 768.16-.26....

...Claudio properly pleaded a counterclaim for contribution, only that he should have been allowed to amend his answer to add a counterclaim for contribution. If his contribution counterclaim is defectively pleaded, we are certain that counter-defendants' counsel will bring that to the attention of the trial court. .See § 768.18 (defining who is a survivor for purposes of the Wrongful Death Act)....

it misinterpreted the word “survivors” in Section 768.-18, Florida Statutes (1975). The trial court interpreted

...c and/or Motion to Certify. NOTES [1] Because she was more than twenty-five years old at the time of her mother's death, it is questionable whether Wilson is a "survivor" within the meaning of the Wrongful Death Act for damage recovery purposes. ง 768.18, Fla. Stat. (2002)("Minor children means children under 25 years of age."); Henderson v. Ins. Co. of N. Am., 347 So.2d 690 (Fla. 4th DCA 1977)("[A]dult children of a decedent who are not dependent upon the decedent are not `survivors' under section 768.18(1).")....

...any, by which Mr. Barlow's estate was diminished on account of his early death. To prove a loss in prospective net accumulations, however, she had to show not only a fall in household income, but also that lower expenses did not offset the drop. See § 768.18(5), Fla....

...Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduce to present money value, may also be recovered: 1. If the decedent's survivors include a surviving spouse.... § 768.21(6)(a) (emphasis supplied). Section 768.18(5), Florida Statutes (2002), defines "net accumulations" as the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy....

Plaintiff was a minor according to Fla. Stat. § 768.18, which defines minor as “children under 25 years

...nnette. The case was tried before a jury in December, 1984. At the close of plaintiff’s case, defendants moved for a directed verdict as to the two daughters, contending that, as a matter of law, they were not “survivors” within the meaning of Section 768.18(1) of the Florida Wrongful Death Act as it existed in 1976....

...by her parents, and did not work. The decedent provided financial support and other support that a mother usually provides for her daughters, including cooking, sewing, companionship and love. Neither child was mentally or physically disabled. *508 Section 768.18(1), Florida Statutes (1975), which allowed survivors to bring a wrongful death action, defined survivors as follows: “Survivors” means the decedent’s spouse, minor children, parents, and, when partly or wholly dependent on the de...

...It includes illegitimate children of a mother, but not of a father unless the father has recognized a responsibility for the child’s support. (Emphasis supplied.) The term “minor children” was defined as “unmarried children under 21 years of age.” Section 768.18(2), Florida Statutes (1975)....

...From 1972 until 1977, the Act defined minors as “children under the age of 21.” In 1976, as above noted, the Supreme Court interpreted the Florida Emancipation Act 5 as amending the Wrongful Death Act so as to define minors as being children under the age of 18. 6 The following year (1977) the legislature amended Section'768.18(1) of the Wrongful Death Act to define minor children as “dependent unmarried children under 21 years of age notwithstanding the age of majority.” 7 In a subsequent amendment, the legislature in 1981 increased the age from 21 to 25 years....

...s. First, it is used, as here, to modify "dependent blood relatives" and second, it is used to modify “minor children” who are defined under that Act as "dependent unmarried children under 21 years of age, notwithstanding the age of majority.” Section 768.18(2), Florida Statutes (1977)....

...[2] "The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death...." [3] The claimants would be the survivors as defined by section 768.18, Florida Statues (1990), and would include Taylor as the surviving spouse along with the two minor children of the decedent....

...McAF-EE, as personal representative of the Estate of KATHLEEN MARIE McAFEE, may assert a claim for mental pain and suffering of the parents of KATHLEEN MARIE McAFEE, occasioned by the wrongful death of their 19 year old dependent daughter as permitted by the provisions of Florida Statute 768.18(2) in effect at the time the civil action was filed in October of 1977; or whether such claim is precluded by the provisions of Florida Statute 768.18(2) in effect at the time the accident occurred in June of 1976....

...State Farm Mutual Automobile Insurance Company, 272 So.2d 862 (Fla.3d DCA 1973). The trial judge apparently failed to take into account Section 45, Chapter 77-468, Laws of Florida, which provides that Section 40 of that Act, amending Subsection 2 of Section 768.18, Florida Statutes, was to take effect July 1, 1977 and apply “to all claims arising out of accidents occurring after said date.” The above question certified in this appeal is found to be controlled by Section 45, Chapter 77-468, Laws of Florida, and therefore the question is answered in the negative....

...d serving the same as an independent action; (2) the personal representative of this Estate has not been surprised by the movant’s assertation of a claim against this Estate for the “Wrongful Death” of movant’s decedent under Florida Statute 768.18 since the original Statement of Claim filed by movant on December 5, 1977 asserted such a claim and since the inadvertently filed “Wrongful Death Complaint” filed in this case on January 27, 1978 also asserted such a claim; and (3) since t...

...n a cause of action for the wrongful death of their son. Section 768.21(4), Florida Statutes (1983) allows the parents of a minor child to recover damages for mental pain and suffering, but the victim in this case was not a minor child as defined in section 768.18(2), Florida Statutes (1983)....

...Net accumulations are that part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy. § 768.18(5), Fla.Stat....

...We answer the question in the affirmative. “The current dispute centers around the wording of section 768.21(6)(a)2, Florida Statutes (1983), which allows the estate of a decedent to recover net accumulations ‘if the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1).’ The problem arises here because although the decedent was not a minor child as defined in section 768.18(2) at the time of death, he did have survivors as defined in section 768.18(1) because parents are included in the class of people defined as ‘survivors’ under section 768.18(1)....

...decedent’s survivors included a surviving spouse or lineal descendants. In 1981, the legislature amended section 768.-21(6)(a) to also allow the estate of a decedent to recover net accumulations: If the decedent is not a minor child as defined in s. 768.18(2) and does not have survivors as defined in s. 768.18(1)....

...ent who is survived only by non-dependent parents to recover prospective net accumulations by amending section 768.21(6)(a) to provide that the estate of a decedent may recover net accumulations: 2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent....

...tional classification in violation of the equal protection clause. Another reasonable construction of section 768.-21(6)(a)2 exists. In allowing the estate of an adult to recover net accumulations if the decedent did not have survivors as defined in section 768.18(1), the term ‘survivors’ means those survivors who can invoke other available remedies authorized by the other provisions of the Wrongful Death Act. This construction is supported by reading section 768.18(1) in pari materia with sections 768.21(1) through (5). Every class of persons defined as ‘survivors' in section 768.18(1) is afforded a remedy for wrongful death somewhere in section 768.21(1) through (5)....

...ts who could recover for pain and suffering because the deceased was a minor child or parents who could recover because they were dependent upon the child for support or services. Thus, non-dependent parents of an adult child are not survivors under section 768.18, as referred to in 768.-21(6)(a)2, because they are not entitled to recover under the other provisions of the Wrongful Death Act....

...filed a complaint in the Circuit Court for Martin County seeking declaratory relief as to whether the costs of psychiatric care and treatment for the parents of a deceased child were recoverable elements of economic damages. Dr. Franzen and his P.A. argued these damages were precluded under section 768.18, Florida Statutes (1993), the Wrongful Death Act, as interpreted in Wade v....

...a spouse or lineal descendant. F.S. 768.21(6)(a) (1985); Vildibill v. Johnson, 492 So. 2d 1047 (Fla. 1986). The committee expresses no opinion concerning whether “net accumulations” include income ending at death which is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Airlines, Inc....

...In determining the duration of the losses, you may consider the [joint life expectancy of (decedent) and (surviving spouse)] [life expectancy of (surviving spouse)] together with the other evidence in the case. NOTES ON USE FOR 502.2d 1. F.S. 768.18 and 768.21 (1990), applicable to causes of action accruing after October 1, 1990, expand eligible survivor claimants in wrongful death actions by surviving parents and children, but are not applicable to claims for medical malpractice as defined by F.S....

...representative for the benefit of [each of] (decedent’s) survivor[s]* (name them all), you shall consider the following elements: *Further instructions may be required if there is a factual question of whether a person is a “survivor” within the meaning of F.S. 768.18(1). g....

...he evidence and requested by a party. NOTES ON USE FOR 502.2g -7-  1. Period of minority. The period of minority for purposes of the wrongful death act is age 25. F.S. 768.18(2)....

business or salary *164income” within the meaning of § 768.-18(5) F.S. The release executed by the personal representatives

...ordinary meaning of the word “survivor” tell us whether survivorship under section 768.21(2) is determined at the time of the decedent’s injury or at the time of the decedent’s death? 7. The Act defines “[s]urvivors” as including “the decedent’s spouse.” See § 768.18, Fla....

...768.17 Legislative intent. — It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.-27 are remedial and shall be liberally construed. 768.18 Definitions....

...d’s support. (2) “Minor children” means unmarried children under 21 years of age. Florida Statutes (1975) (footnote omitted). The 1977 legislature adopted Section 40, Chapter 77-468, Laws of Florida, which states: Section 40. Subsection (2) of section 768.18, Florida Statutes, is amended to read: 768.18Definitions. — As used in ss. 768.16-768.27: (2) “Minor children” means dependent unmarried children under 21 years of age notwithstanding the age of majority. It may be noted that in 1981 the legislature again amended section 768.18(2) to read as follows: “Minor children” means children under 25 years of age, notwithstanding the age of majority. Ch. 81-183, § 1, Laws of Fla.; § 768.18(2), Fla.Stat. (1981). This version cannot be applied to this case. The defendants/appellees evidently persuaded the trial court that insertion of the word “dependent” in the Section 40, Chapter 77-468, version of Section 768.18(2) had the effect of withdrawing standing from minor children of a decedent who were not economically dependent on the decedent. We disagree. *998 As it existed after the 1977 amendments the wrongful death act read as follows: 768.18 Definitions....

...� all damages, as specified in [the] act, caused by the injury resulting in death.” § 768.20, Fla. Stat. (2015) (emphases added). Pertinent here, the Wrongful Death Act defines “survivors” as “the decedent’s spouse, [and] children.” § 768.18(1), Fla....

...jury. The definition of “survivor” in the statute is limited to familial relationships only, and both subsections (1) and (2) of section 768.21 clearly provide that damages are recoverable from the date of “injury.” §§ 768.18(1), 768.21(1)–(2), Fla....

...��s death because one cannot be a survivor before that date. Accord King v. Font 13  Corp., 612 So. 2d 662, 664 (Fla. 2d DCA 1993) (“[I]t seems clear that the definition of ‘survivors’ in section 768.18, Florida Statutes (Supp....

...torist coverage, and compensatory and punitive damages for bad faith under section 624.155, Florida Statutes (1991). State Farm filed a motion for summary judgment on the grounds that Gwendolyn Thompson was not a “survivor” within the meaning of section 768.18, Florida Statutes (1991)....

...Florida’s Wrongful Death Act, section 768.20, Florida Statutes (1991), limits recovery to statutory “survivors” who are defined as: ... the decedent’s spouse, children, parents, and, when partly or wholly depew-dent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. § 768.18(1), Fla.Stat....

Hemby’s estate. This appeal followed timely. Section 768.18 defines net accumulations as: Loss of earnings

shown that decedent had no survivors as defined in § 768.18(1), Fla. Stat., lost accumulations are recoverable

...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. Harris, Jr., and as personal representative of said estate, and on behalf of all survivors as defined in Section 768.18, Florida Statutes....

...(creating section 768.13(2)(b)2., Florida Statutes). To overcome the immunity provided by the Act, the plaintiff was required to establish that the defendant acted with “reckless disregard” for the consequences to the life or health of another. Id. (creating section 768.18(2)(b)3., Florida Statutes)....

...d to invoke the authority of the court relative to the approval or disapproval of a proposed settlement extends to “any survivor” and is not limited to survivors who have individual damage claims. 4 The definition of “survivors” contained in section 768.18(1) of the Act in- *1062 eludes adult children....

...We also remand this case to the probate court for further proceedings consistent with this opinion. Reversed and remanded. NORTHCUTT and CANADY, JJ., Concur. . The recovery of damages by the children of a decedent may depend on whether the children fall within the definition of "minor children” contained in section 768.18(2)....

when there is an issue as to applicability of § 768.18(2)(b), but no issue as to comparative negligence

...Hence the right and remedy are purely statutory.”). The Wrongful Death Act creates a statutory right of action, see § 768.19, Fla. Stat. (1997), and provides that the injury suffered in such an action is to the decedent’s statutory beneficiaries, not the decedent, see §§ 768.18, 768.21, Fla. Stat. (1997). As explained above, the statutory beneficiaries in this case are Ms. Stucky’s three adult children. § 768.18(1) (defining “[s]urvivors” to include the decedent’s children)....

...was alleged to be the decedent’s biological child but whose biological mother had been married to another man at the time of the child’s conception and birth. 51 So.3d at 422-23 . The Florida Supreme Court looked at the legislative intent behind section 768.18(1), Florida Statutes (2005), and found that the legisla *781 ture intended for the statute to be liberally construed to shift losses from the survivors to the wrongdoer....

...Mary, as personal representative of Michael’s estate, filed an action for wrongful death against Ras Eugene Truitt and Ida Mae Truitt, Michael’s parents. Upon motion, the trial court granted summary final judgment in favor of the Truitts. We reverse. The issue in this case is whether section 768.18(1), Florida Statutes (1987) precludes Michael’s illegitimate child from being a “survivor” and thus protected by the Florida Wrongful Death Act....

...y, by which Mr. Barlow’s estate was diminished on account of his early death. To prove a loss in prospective net accumulations, however, she had to show not only a fall in household income, but also that lower expenses did not offset the drop. See § 768.18(5), Fla....

...1 The chronology and pertinent portions of the statutes enumerated in the question are as follows: The applicable (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....

...Further, it is argued that the act creates a right of action in the parents for the death of “minor children” (Fla.Stat. §§ 768.19 and .21) and that it specifically defines the phrase “minor children” to mean “unmarried children under twenty-one (21) years of age” (Fla.Stat. § 768.18)....

the definition of that term as it appears in Section 768.18(1), so that loss of net accumulations is a

...under the policy in the context of section 627.727, Florida Statutes (1983); and that therefore she has a cause of action against an uninsured motorist under the wrongful death statute and thus against the insurer. “Minor children” as defined in section 768.18(2), Florida Statutes (1983), means children under age twenty-five....

...' Rejecting the defendant-appellant’s primary contention on appeal, we find ample evidence that the decedent father “has recognized a responsibility for the ... support” of each of the allegedly illegitimate children on whose behalf the instant wrongful death action was maintained. See § 768.18(1), Fla.Stat....

...The present action is before the- Court on the defendant Nell N. Mitchell’s motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant requests that the Court apply the Florida Wrongful Death Act, F.S. 768.18 et seq....

...1968, 394 F.2d 656 , and Colhoun v. Greyhound Lines, Fla. 1972, 265 So.2d 18 . THEREFORE it is ORDERED AND ADJUDGED that defendants motion for partial summary judg *351 ment be and hereby is granted insofar as she seeks to have the Florida Wrongful Death Act, F.S. 768.18, et seq....

was a dependent child within the meaning of Section 768.-18(2), Florida Statutes (1977), at the time of