The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 768.19, Fla. Stat. . . . Section 768.19 does state that a person shall be liable for damages "[w]hen the death of a person is . . . have entitled the person injured to maintain an action and recover damages if death had not ensued." § 768.19 . . .
. . . See § 768.19, Fla. Stat. (2017). . . .
. . . . § 768.19. . . .
. . . . § 768.19, which incltide economic losses of the estate (both pre-death and prospective net earnings . . .
. . . . § 768.19. . . .
. . . See also Perkins, 445 So.2d at 1012 (basing its decision “upon the language contained in section 768.19 . . .
. . . . § 768.19. . . .
. . . . § 768.19. . . .
. . . St. 768.19 (stating that wrongful death is a death caused by a "wrongful act, negligence,, default, or . . .
. . . . § 768.19. . . .
. . . .” § 768.19. . . . The wrongdoer is liable for “damages as specified in this act.” § 768.19. . . .
. . . . § 768.19. . . . Stat. § 768.19 (stating that wrongful death and personal injury both require that the injury or death . . . Stat. § 768.19. . . .
. . . The supreme court held that Florida’s Wrongful Death Act, section 768.19, Florida Statutes (2008), did . . .
. . . . § 768.19 (“When a personal injury to the decedent results in death, no action for the personal injury . . .
. . . . § 768.19, Fla. Stat. (2011). . . .
. . . Section 768.19 of the Florida Wrongful Death Act provides: When the death of a person is caused by the . . . death of the person injured, although death was caused under circumstances constituting a felony. § 768.19 . . .
. . . See § 768.19, Fla. Stat. (2009). . . . death of the person injured, although death was caused under circumstances constituting a felony. § 768.19 . . . Section 768.19, Florida Statutes (2008), provides for a cause of action “[w]hen the death of a person . . . See § 768.19, Fla. Stat. (2009). . . . See § 768.19, Fla. . . .
. . . filing a separate suit is “required” under the Wrongful Death Act, but it cited for support only section 768.19 . . . Section 768.19 creates a right of action; it says nothing about pleading requirements: When the death . . . death of the person injured, although death was caused under circumstances constituting a felony. § 768.19 . . .
. . . . § 768.19 (1993). . . .
. . . (quoting § 768.19, Fla. Stat. (1995)); Celotex Corp. v. . . . of the decedent’s death, transformed a personal injury claim into one for wrongful death” (quoting § 768.19 . . .
. . . . § 768.19. B. . . . Stat. §§ 768.19-768.21. . . .
. . . wrongful death rather than filing a separate suit as required under the Wrongful Death Act, section 768.19 . . . survivor or personal representative must assert a separate, statutory cause of action under section 768.19 . . .
. . . See § 768.19, Fla. Stat. (2009). . . .
. . . . § 768.19. . . . would have entitled the person to maintain an action and recover damages if death had not ensued.” § 768.19 . . .
. . . . § 768.19, Fla. Stat. (2005). . . .
. . . See § 768.19, Fla. Stat. (2002); Jenkins v. W.L. Roberts, Inc., 851 So.2d 781 (Fla. 1st DCA 2003). . . .
. . . . §§ 768.19 (2005). . . . .
. . . The complaint alleged a claim for wrongful death, see § 768.19, Fla. . . .
. . . .” § 768.19, Fla. Stat. (1997). . . . . § 768.19, Florida Statutes (1983). . . .
. . . . § 768.19, Fla. Stat. (1993). . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. . . .
. . . This shall include: (a) Rights of action under s. 768.19 and defenses thereto. . . .
. . . Section 768.19, Florida Statutes (1997), explains when an action for wrongful death may be brought, while . . .
. . . ANALYSIS Section 768.19, Florida Statutes (1995), which defines the right of action under the Wrongful . . . death of the person injured, although death was caused under circumstances constituting a felony. § 768.19 . . . Section 768.19 has remained unchanged since its enactment in 1972. . . .
. . . To answer this question, we must consider Shiver and section 768.19, Florida Statutes. . . . Section 768.19 defines a “right of action” in the context of the Wrongful Death Act. . . . behalf of the two surviving minor children under Florida’s Wrongful Death , Act pursuant to section 768.19 . . .
. . . Florida Statute § 768.19, in pertinent part, states: When the death of a person is caused by the wrongful . . .
. . . The Wrongful Death Act, section 768.19, Florida Statutes (1995), provides in part: [W]hen the death of . . . The district court reasoned that since this action was a wrongful death action pursuant to section 768.19 . . .
. . . liable for damages as specified in this act notwithstanding the death of the person injured.... ” § 768.19 . . . WDA also states that the cause of action created by WDA section 768.19 is reposed in a designated person . . .
. . . wrongful death of whom a tortfeasor is liable to its survivors for damages under the Wrongful Death Act (§ 768.19 . . .
. . . wrongful death of whom a tortfeasor is liable to its survivors for damages under the Wrongful Death Act (§ 768.19 . . .
. . . district court certifying the question of whether a fetus is a person within the meaning of section 768.19 . . .
. . . This portion of the statute was amended in 1972 so that it now begins, in section 768.19, Fla.Stat. ( . . .
. . . While we feel that the question of whether a fetus is a person within the meaning of section 768.19, . . . in this ease is whether there is a right of recovery under the Florida Wrongful Death Act, sections 768.19 . . . Section 768.19, Florida Statutes (1989). (Emphasis supplied.) . . . certified question “[is] a full term, viable, but stillborn fetus a ‘person’ within the meaning of § 768.19 . . . would have added the term "unborn children” to the definitions of “person" and "minor children” in § 768.19 . . .
. . . DeJohn brought suit under the Wrongful Death Act, section 768.19-768.21, Florida Statutes (1991). . . . Section 768.19, Florida Statutes (1991) provides that: When the death of a person is caused by the wrongful . . .
. . . wrongful death of whom a tortfeasor is liable to its survivors for damages under the Wrongful Death Act (§ 768.19 . . .
. . . . § 768.19, and the Florida Survivor Statute, Fla.Stat. § 46.021, as well as the Florida common law tort . . . Fla.Stat. § 768.19 (emphasis added). . . . .
. . . negligence is based on the common law; the cause of action for wrongful death is provided by statute (§ 768.19 . . .
. . . wrongful death of whom a tortfeasor is liable to its survivors for damages under the Wrongful Death Act (§ 768.19 . . .
. . . . § 768.19 (1985). . . . Furthermore, as in the federal court suit, the wrongful death claims were brought under Fla.Stat. § 768.19 . . . See Fla.Stat. §§ 768.19-20 (1985). . . . See Fla.Stat. § 768.19 (1985). . . .
. . . . § 768.19 (West 1986). . . .
. . . action at his death as a condition precedent to his survivor bringing a cause of action under section 768.19 . . . death of the person injured, although death was caused under circumstances constituting a felony. § 768.19 . . .
. . . representative (respondent herein), filed a wrongful death action against Nissan, pursuant to section 768.19 . . . The district court reasoned that since this action was a wrongful death action pursuant to section 768.19 . . . GRIMES, J., concurs specially in result only with an opinion. . § 768.19, Fla.Stat. (1983), provides: . . .
. . . Florida Statutes, Section 768.19 provides: When the death of a person is caused by the wrongful act, . . . The language of section 768.19 suggests that defenses that would bar a decedent’s recovery if he had . . .
. . . Phlieger brought this wrongful death action pursuant to section 768.19, Florida Statutes (1983) which . . . negligence, strict liability, and breach of warranty, was a wrongful death action pursuant to section 768.19 . . .
. . . . § 768.19, Florida Statutes (1983). . . .
. . . . §§ 768.19, 768.20, Fla.Stat. (1983). . . .
. . . Florida’s Wrongful Death Act, in section 768.19, Florida Statutes (1981), requires, as a condition precedent . . .
. . . boils down to whether, based on the language found in the wrongful death statute, specifically Section 768.19 . . . Section 768.19 provides: When the death of a person is caused by the wrongful act, negligence, default . . .
. . . Our holding is based upon the language contained in section 768.19, Florida Statutes (1981), which provides . . . Section 768.19, Florida Statutes, requires that the initial injury be one that “would have entitled the . . .
. . . .” § 768.19, Fla.Stat. (1979). . . . Raisen and the language of section 768.19 would compel this result. . . . The relevant part of the Florida Wrongful Death Act, Section 768.19, Florida Statutes (1977), provided . . . Section 768.01, Fla.Stat. (1953), the counterpart to § 768.19, Fla.Stat. (1977), provided: Whenever the . . .
. . . Section 768.19, Florida Statutes (1977) says: When the death of a person is caused by the wrongful act . . .
. . . Section 768.19 thereof provides: When the death of a person is caused by the wrongful act, negligence . . . action by the personal representative of the deceased where death is a result of the same injuries. . § 768.19 . . . pivots on the interpretation to be given certain language in the Florida Wrongful Death Act, Section 768.19 . . . The Florida Supreme Court has consistently found that Section 768.19, Florida Statutes (1979), Wrongful . . . Cohen, 363 So.2d 129 (Fla. 3d DCA 1978), the Third District Court of Appeal agreed that Section 768.19 . . .
. . . Under the provisions of section 768.19 and Florida decisionary law, a bar to the decedent’s right to . . . personal representative; and that since decedent would not have been entitled within the intendment of § 768.19 . . .
. . . . § 768.19. . Hopkins v. . . .
. . . Section 768.19, Florida Statutes (1975), reads in part: “When the death of a person is caused by the . . .
. . . Section 768.19, Florida Statutes (1975), provides, among other things, that when a death is caused by . . .
. . . This is an action for wrongful death brought under Florida’s Wrongful Death Act [Section 768.19, Florida . . . The Millers brought an action for wrongful death pursuant to Section 768.19, Florida Statutes (1973), . . . The trial court ruled that a viable fetus is not a “person” within the meaning of Section 768.19 and . . . as a direct and'proximate result of another’s negligence, is a “person” within the intent of Section 768.19 . . .
. . . viable children and concluded that a viable unborn child is a “person” within the meaning of Section 768.19 . . .
. . . killed as a direct and proximate result of another’s negligence, is a “person” within the intent of § 768.19 . . . A condition of recovery under § 768.19 is that “ . . . the event would have entitled the person injured . . . In our opinion a viable unborn child is a “person” within the meaning of § 768.19. . . . Having determined that under § 768.19 there is a cause of action for the wrongful death of a viable, . . . In summary we hold that a viable, unborn child is a “person” within the meaning of § 768.19, and that . . .
. . . individually, and as relatives dependent on the decedent for support under the wrongful death statute, §§ 768.19 . . .
. . . . §§ 768.19 and .21) and that it specifically defines the phrase “minor children” to mean “unmarried . . .
. . . . § 768.19. . . .
. . . . § 768.19, reads as follows: “When the death of a person is caused by the wrongful act, negligence, . . .
. . . question presented is: Is a full term, viable, but stillborn fetus a “person” within the meaning of § 768.19 . . . , viable, but stillborn fetus is not a “person” within the meaning of the wrongful death statute, § 768.19 . . . Petitioners contend that the word “person” in § 768.19, Florida Statutes, 1973, should be construed to . . .
. . . Section 768.19 of the new Act provides for a cause of action in wording similar to that of now repealed . . . Revision Commission, Recommendations and Report on Florida Wrongful Death Statutes (December 1969). .§ 768.19 . . .