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Florida Fifth DCA rules that plaintiff who married decedent after the date of the injury leading to his death could still recover damages under Wrongful Death Act

On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al., No. 5D16-2794, the Florida Fifth DCA ruled that a surviving spouse who had married the decedent after the date of the injury which led to his death could still recover damages as a statutory survivor under Florida’s Wrongful Death Act Wrongful Death Act, sections 768.16-.26, Florida Statutes (2012). The Fifth DCA certified conflict on this with the Fourth DCA’s decision in Kelly v. Georgia-Pacific, LLC, 211 So. 3d 340 (Fla. 4th DCA), review denied, No. SC17-714 (Fla. Oct. 23, 2017).

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