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9 Florida opinions name it 2 courts 1976–2024 5 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
American Optical Corp. v. Spiewakgreen1 sentence2024Optical Corp. v. Spiewak, 73 So. 3d 120, 128-29 (Fla. 2011) (stating that the “actual injury” is inhalation of asbestos fibers that become “embedded in the lungs of the plaintiffs without their knowledge or consent”). -5- Defendants further argued that Counter’s adult children could not recover under section 768.21(3) because Ripple qualified as a “surviving spouse” under that subsection. | 1 | 1 |
Tremblay v. Cartergreen1 sentence2024Corp. of Am., 660 So. 2d 389, 390 (Fla. 5th DCA 1995) (citing Tremblay v. Carter, 390 So. 2d 816, 817 (Fla. 2d DCA 1980)); and then citing Kelly v. Georgia- Pacific, LLC, 211 So. 3d 340 (Fla. 4th DCA 2017))). | 1 | 1 |
Fullerton v. Hospital Corp. of Americagreen1 sentence2024Corp. of Am., 660 So. 2d 389, 390 (Fla. 5th DCA 1995) (citing Tremblay v. Carter, 390 So. 2d 816, 817 (Fla. 2d DCA 1980)); and then citing Kelly v. Georgia- Pacific, LLC, 211 So. 3d 340 (Fla. 4th DCA 2017))). | 1 | 1 |
Hartford Insurance Co. v. Goffgreen1 sentence2024As this court has observed, "survivors' claims in a wrongful death action are for their sole benefit." Hartford Ins. v. Goff, 4 So. 3d 770, 773 (Fla. 2d DCA 2009). | 1 | 1 |
State v. Rifegreen1 sentence2023See id. | 1 | 1 |
In re Standard Jury Instructions Civil Casesgreen1 sentence2003In re Standard Jury Instructions Civil Cases, 522 So.2d 364, 368 (Fla.1988) (instruction 6.6g). [3] We find no case that has directly addressed the appropriate measure of damages under this section. | 1 | 1 |
Immigration & Naturalization Service v. Cardoza-Fonsecagreen1 sentence2003See id. (stating that the period of minority is a factor that "may be considered" in computing the duration of future losses). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Domino's Pizza v. Wiederhold
green
2 sentences2024The estate noted that the Fifth District “adopted the ‘common and ordinary’ meaning of the term ‘surviving spouse.’ ” Ripple, 337 So. 3d at 50 (quoting Pl.’s Resp. to Defs.’ Mot. for Partial J. on the Pleadings (citing Domino’s, 248 So. 3d at 219 )). 2023There is a conflict on this issue between the Fourth District, Kelly v. Georgia-Pacific, LLC, 211 So. 3d 340 (Fla. 4th DCA 2017), and the Fifth District, Domino’s Pizza, LLC v. Wiederhold, 248 So. 3d 212 (Fla. 5th DCA 2018). | 3 | 2022–2024 |
Kelly v. Georgia-Pacific, LLC
yellow
2 sentences2024In its response, the estate argued that in Kelly v. Georgia- Pacific, LLC, 211 So. 3d 340 (Fla. 4th DCA 2017), the Fourth District erroneously held that a spouse who married the decedent after the decedent’s injury cannot recover damages under section 768.21(2). 2024Corp. of Am., 660 So. 2d 389, 390 (Fla. 5th DCA 1995) (citing Tremblay v. Carter, 390 So. 2d 816, 817 (Fla. 2d DCA 1980)); and then citing Kelly v. Georgia- Pacific, LLC, 211 So. 3d 340 (Fla. 4th DCA 2017))). | 2 | 2023–2024 |
Thornber v. City of Ft. Walton Beach
green
1 sentence2024The Fourth District also noted that Domino’s permits the “absurd result” of “allow[ing] a spouse to recover consortium damages under the Wrongful Death Act simply because his or her spouse has died when that same spouse would be prohibited from - 10 - recovering the same damage under a loss of consortium claim had his or her spouse survived.” Id. at 57-58 (citing Kelly, 211 So. 3d at 346 ). | 1 | 2024–2024 |
Joseph v. State
green
1 sentence2024The Fourth District also noted that Domino’s permits the “absurd result” of “allow[ing] a spouse to recover consortium damages under the Wrongful Death Act simply because his or her spouse has died when that same spouse would be prohibited from - 10 - recovering the same damage under a loss of consortium claim had his or her spouse survived.” Id. at 57-58 (citing Kelly, 211 So. 3d at 346 ). | 1 | 2024–2024 |
BellSouth Telecommunications, Inc. v. Meeks
green
1 sentence2005In the present case, we find no persuasive reason to depart from this *495 understanding of the Legislature's intended measure of damages under section 768.21(3). 863 So.2d at 292 . | 1 | 2005–2005 |
National Railroad Passenger Corp. v. Ahmed
green
1 sentence2000In Ahmed , a case which involved wrongful death damages to adult children under section 768.21(3), Florida Statutes (1990), the fourth district affirmed an award of $400,000 to each adult child, even though it recognized that it was "indeed a generous award." Id. at 1059 . | 1 | 2000–2000 |
Bassett v. Merlin, Inc.
neutral
1 sentence1976The Third District in Bassett v. Merlin, Inc., 304 So.2d 543 (Fla. App.3rd, 1974), correctly answered the question in the negative. | 1 | 1976–1976 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.