EDGARDO A. FERRETTI, APPELLANT,
v.
BASTOS DE OLIVERA WEBER AND NATIONAL CAR RENTAL SYSTEM, INC., UNIVERSAL TILE, INC., AND MAERSK CONTAINER SERVICE COMPANY, INC., APPELLEES

Fla. 3d DCA | 1987-10-06
No. 87-222
Before BARKDULL, NESBITT and BASKIN, JJ.
513 So. 2d 1333 Florida District Court of Appeal, Third District (1987) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court dismissed an action seeking recovery for physical and emotional injury resulting from the emotional impact of witnessing an automobile accident when the plaintiffs “live in” ladyfriend was killed. We affirm.

There was no marriage and therefore no legal relationship between the plaintiff and the deceased and therefore no cause of action for emotional distress. Champion v. Gray, 478 So. 2d 17 (Fla.1985). Even if this legal relationship existed, the matter should have still been dismissed as there was no impact or demonstrable physical injury. Brown v. Cadillac Motor Car Division, General Motors Corp., 468 So. 2d 903 (Fla.1985).

The final order of dismissal is affirmed.

Affirmed.


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Citator

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  • …unters-that Tanya’s claim for damages due to Oswald’s death is barred for the reasons that the impact rule is applicable and Tanya’s claim does not fall within the exception created by Champion. We agree and find that Champion and Ferretti v. Weber, 513 So. 2d 1333 (Fla. 3d DCA), cause dismissed, 519 So. 2d 986 (Fla.1987), clearly support the trial court’s ruling that Tanya cannot recover for her “psychic injury, emotional pain and suffering and grief” due to Oswald’s death. Tanya’s first argument, that since…
  • Sguros v. Biscayne Rec. Dev. Co., 528 So. 2d 376 (Fla. 3d DCA 1987)
    …on. The court specifically restricted a cause of action to the second category. Peter Sguros’s death unmistakably falls into the first category, thus barring his estate’s recovery for BRD’s negligence for Peter’s death. See, e.g., Ferretti v. Weber, 513 So. 2d 1333 (Fla. 3d DCA 1987) (plaintiff could not recover for emotional distress of witnessing automobile accident where “live-in” girlfriend was killed; even if they had been married, action would still have been dismissed for lack of impact). Despite our s…
  • Watters v. Walgreen Co., 967 So. 2d 930 (Fla. 1st DCA 2007)
    …the instant case, the trial court construed the relationship element1 as requiring a “legal relationship” between the plaintiff and the directly injured person. On appeal, in support of the trial court’s ruling, Appellees rely on Ferretti v. Weber, 513 So. 2d 1333 (Fla. 3d DCA 1987) (affirming dismissal of a claim for negligent infliction of emotional distress where “[tjhere was no marriage and therefore no legal relationship between the plaintiff and the deceased”), and Reynolds v. State Farm Mutual Automobi…

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