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  • Fourth DCA rules that law firm that allegedly maintained open bar for employees was not liable under Reverse Dram Shop Act for employee's subsequent accidental death while intoxicated
    Fourth DCA rules that law firm that allegedly maintained open bar for employees was not liable under Reverse Dram Shop Act for employee's subsequent accidental death while intoxicated

    On June 6, 2018, in Salerno v. Del Mar Financial Service, LLC; Gladstone Law Group, P.A. et al , No. 4D17-305, the Florida Fourth DCA affirmed a trial court’s dismissal of a wrongful death complaint ...

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  • Florida Third DCA rules that federal Death on the High Seas Act is inapplicable to deaths occurring within Florida's territorial waters extending up to shoreward edge of Gulf Stream
    Florida Third DCA rules that federal Death on the High Seas Act is inapplicable to deaths occurring within Florida's territorial waters extending up to shoreward edge of Gulf Stream

    On June 6, 2018, in Kipp v. Amy Slate’s Amoray Dive Center , No. 3D17-316, the Florida Third DCA reversed a trial court’s dismissal of the plaintiff’s wrongful death complaint against two defendants ...

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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
    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 ...

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  • Florida Supreme Court amends standard jury instruction on wrongful death damages to clarify that survivors' pain and suffering damages are to be measured from the decedent's date of injury
    Florida Supreme Court amends standard jury instruction on wrongful death damages to clarify that survivors' pain and suffering damages are to be measured from the decedent's date of injury

    On November 2, 2017, in In Re: Standard Jury Instructions in Civil Cases – Report No. 17-02 , No. SC17-514, the Florida Supreme Court authorized an amendment to standard civil jury instruction 502.2, ...

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  • Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim
    Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim

    On September 6, 2017, in Fetlar v. Suarez , No. 3D17-1315, the Florida Third DCA granted a wrongful death defendant’s certiorari petition and quashed a trial court’s order allowing the plaintiff to ...

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  • Florida Second DCA rules on proper division of fees between attorneys for estate and attorneys for statutory survivors in wrongful death case
    Florida Second DCA rules on proper division of fees between attorneys for estate and attorneys for statutory survivors in wrongful death case

    On July 7, 2017, in Heiston v. Schwartz & Zonas , LLP, No. 2D16-3417, the Florida Second DCA reversed a trial court’s order granting all of the attorney’s fees in a wrongful death settlement to the ...

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