Summary
The Supreme Court of Florida held that Florida's wrongful-death statutes must be construed harmoniously and remedially to protect family members and dependents, rather than applied literally when doing so would leave dependent survivors without a remedy. It held that persons entitled to recover for wrongful death may join the action, with each survivor's damages separately proved and assessed, and quashed the District Court of Appeal's decision.
Topics
Practice areas
Questions Presented
- Whether Florida Statutes section 768.02 must be applied literally to give the surviving spouse exclusive priority to bring a wrongful-death action even when that application leaves dependent children from a prior marriage without a remedy.
- Whether the wrongful-death statutes should be construed together and applied in light of their remedial purpose to protect family members and dependents.
- Whether the dependent children and other persons entitled to recover may be joined as parties and separately prove and recover their damages.
Holdings
- Florida Statutes sections 768.01 and 768.02 must be construed in harmony with section 768.03 and applied to procure the remedial protection of families and dependents intended by the Legislature, rather than applied literally when literal application would defeat that purpose.
- Under the circumstances presented, all persons who suffered loss from the wrongful death and were entitled to recover were proper parties; they could join the action or be joined by the court, and each survivor's damages had to be separately proved and assessed.
Key quotations
“For the reasons announced herein, we conclude that Fla. Stat. §§ 768.01 and 768.02, F.S.A., must be construed in harmony with Fla. Stat. § 768.03, F.S.A., to procure the remedial protection of families and dependents as intended by the Legislature.” (257)
“Under the factual circumstances of cases such as this, all persons who suffer loss as a result of the wrongful death and who are entitled to recover are proper parties.” (257)
Factual background
The decedent had been married twice and had dependent children from his first marriage. After his death, the wrongful-death cause of action vested in his surviving second wife, who filed suit. The decedent's first wife attempted to intervene for herself and the dependent minor children, but denial of intervention left the children without a remedy for their lost support.
Procedural history
The decedent's second wife filed the wrongful-death action. The decedent's first wife sought to intervene individually and on behalf of the dependent minor children, but the trial court denied intervention. The District Court of Appeal, First District, affirmed. The Supreme Court of Florida granted certiorari based on conflict with Powell v. Gessner and quashed the district court's decision.
Remand instructions
The cause was remanded for further proceedings consistent with the decision, including consideration of joinder of all persons entitled to recover and separate proof and assessment of each survivor's damages.