A-1 TRUCK SERVICE, INC., A FOREIGN CORPORATION, BELFORD TRUCKING COMPANY, INC., A FLORIDA CORPORATION, BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, AN INSURANCE COMPANY, AND THOMAS C. SANDEFUR, APPELLANTS,
v.
HELEN KIVENAS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF STANLEY W. KIVENAS, DECEASED, APPELLEE
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Florida appellate court reversed denial of change of venue in wrongful death action, holding that venue for wrongful death claims accrues where the negligent acts occurred, not where death resulted.
Venue in a wrongful death action accrues in the county where the negligent acts occurred, not where the decedent died.
[1] Venue in a wrongful death action accrues in the county where the negligent acts causing death were committed, not in the county where death occurred.
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Join FLexlaw to unlock all legal intelligenceHelen Kivenas filed a wrongful death action in Alachua County after her husband was struck by a tractor-trailer owned by A-1 Truck Service, leased by …
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PER CURIAM.
This interlocutory appeal is from an order of the circuit court denying appellants’ motion for change of venue. We reverse.
This is a wrongful death action in which appellee, Helen Kivenas, seeks damages for personal injuries and the wrongful death of her husband which allegedly resulted from an accident in which decedent was struck by a tractor trailer owned by appellant, A-l Truck Service, Inc., leased by appellant Bel-ford Trucking Company, Inc., operated by appellant, Thomas C. Sandefur, and insured by appellant, Bankers and Shippers Insurance Company of New York. The complaint, filed in Alachua County, alleged that the accident occurred in Marion County and that decedent died in Alachua County as the result of the injuries received. Appellants contend that the trial court erroneously based its denial of their motion for change of venue to Marion County upon the assumption that the cause of action for wrongful death for venue purposes accrues where the decedent died rather than where the alleged negligent acts which caused the injuries occurred. Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4 DCA 1975), is in point. There, the District Court of Appeal, Fourth District, ruled that the cause of action accrues in (and venue lies in) the county where the negligent acts which caused the deaths were committed rather than the county in which death occurred. We agree with the well-reasoned opinion of our sister court in Gaboury, and it would serve no useful purpose to attempt to embellish it.
REVERSED.
McCORD, C. J., and MELVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Carmella Meehan v. The Celotex Corp., 466 So. 2d 1100 (Fla. 3d DCA 1985)…research reveals no such change as of the date of this opinion. .Sec note 4 on page 1103. [*1103] 4. Assuming, arguendo, that venue cases are apposite to the instant case, we do not agree with the defendants that A-l Truck Service, Inc. v. Kivenas, 371 So. 2d 495 (Fla. 1st DCA 1979), or Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975), compel the conclusion that a cause of action arises where the negligent act occurs absent cognizance of the negligent act. Indeed, as Gaboury itself says:…
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Marano v. The Celotex Corp., 433 So. 2d 592 (Fla. 3d DCA 1983)…. 2d 18 (Fla.1972); Lescard v. Keel, 211 So. 2d 868 (Fla. 2d DCA 1968); Beasley v. Fairchild Hiller Corporation, 401 F. 2d 593 (5th Cir.1968); DeVane v. United States, 259 F.Supp. 18 (D.Puerto Rico 1966); Compare: A-1 Truck Service, Inc. v. Kivenas, 371 So. 2d 495 (Fla. 1st DCA 1979); Gaboury v. Flagler Hospital, Inc., 316 So. 2d 642 (Fla. 4th DCA 1975). Therefore the summary judgment here under review is affirmed. . Sec. 95.10 Fla.Stat. (1979) Causes of action arising out of the state. — When the cause…
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State Bd. OF Regents v. Rual B. Forsythe, 370 So. 2d 1240 (Fla. 1st DCA 1979)…ed below due to the judicial referee’s holding that he lacked authority to rule on venue questions. Accordingly, we remand the cause for further proceedings. McCORD, C. J., and MELVIN, J., concur. . See A-1 Truck Service, Inc., et al. v. Kivenas, 371 So. 2d 495 (Fla. 1st DCA 1979).…
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- Gaboury v. Flagler Hosp., Inc., 316 So. 2d 642 (Fla. 4th DCA 1975)