A Florida appeals court recently upheld its precedent regarding mesothelioma wrongful death suits, affirming that the widow of a mesothelioma victim cannot recover damages for pain and suffering as a “surviving spouse” under the state’s Wrongful Death Act if their marriage followed the victim’s injury. However, the court ruled that the victim’s two surviving children can recover damages under certain circumstances.
The Fourth District of the Florida appeals court affirmed a Broward County trial court’s judgment on the pleadings in favor of the defendants, which included CBS Corp., General Electric Co., The Goodyear Tire & Rubber Co., and several other manufacturers of asbestos-containing products allegedly linked to Richard D. Counter’s illness and death.
While the court upheld its own precedent in denying damages for pain and suffering to the widow, Jennifer Ripple, it found the trial court’s grant of summary judgment against Counter’s two daughters erroneous due to contradictions in the defense’s arguments.
The court certified a conflict with the Fifth District’s decision in Domino’s Pizza LLC v. Wiederhold, which disagreed with the Fourth District’s precedent set in Kelly v. Georgia-Pacific LLC. The Kelly decision emphasized that a spouse must be married to the deceased individual before the date of the injury to recover for loss of consortium.
Appellate Ruling and Implications
The Fourth District affirmed its stance that the Florida Wrongful Death Act does not supersede common law requirements regarding spousal eligibility for recovery. However, the court ruled that Counter’s adult children could recover damages under the act, given the circumstances.
The ruling highlights the importance of legislative clarity in defining spousal rights in wrongful death suits. It also underscores the need for consistency in legal interpretations across different districts.
Counsel for the estate expressed satisfaction with the partial reversal but intends to appeal the ruling against Ripple to the Florida Supreme Court. They believe the conflict with the Fifth District’s decision provides an opportunity for the higher court to review and potentially overturn the precedent set in Kelly.
The Florida appeals court’s decision maintains existing precedent on mesothelioma wrongful death suits while acknowledging conflicts within different districts. The case underscores the complexities of navigating legal interpretations in such sensitive matters.
