UNIVERSITY MEDICAL CENTER, APPELLANT,
v.
DANIEL J. ZEILER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN ZIELESKIEWICZ, ET AL., APPELLEES
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University Medical Center appealed a trial court order approving a partial settlement that distributed proceeds only to survivors while excluding the estate's wrongful death claim. The court reversed, holding that when a personal representative settles a wrongful death claim on behalf of multiple beneficiaries, the settlement proceeds must be equitably distributed between the estate and survivors.
The court held that a personal representative cannot omit the estate's claim from a settlement and must apportion non-specific settlement proceeds between survivors and the estate in a reasonable and equitable manner. The estate's claim is not inherently inferior to survivors' claims under Florida's Wrongful Death Act.
[1] A personal representative, acting on behalf of both survivors and the estate, must ensure a reasonable and equitable distribution of settlement proceeds between these ben…
[2] Survivors' claims in a wrongful death action are not inherently superior to the estate's claim.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Florida Wrongful Death Act clearly contemplates a recovery on behalf of the estate.”
Establishes that estate claims cannot be omitted from wrongful death settlements
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Join FLexlaw to unlock all legal intelligenceJohn Zieleskiewicz, a pedestrian, was struck by a vehicle driven by Charles Abbott on July 6, 1989. The personal representative of Zieleskiewicz's est…
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COBB, Judge.
The issue on this appeal is whether a reasonable distribution of settlement proceeds as between survivors and the estate was required pursuant to Florida’s Wrongful Death Act.
On January 6, 1992, Daniel J. Zeiler (brother of deceased), as personal representative of the estate of John Zieleskiewicz, deceased, and on behalf of surviving children and parents, filed a two count amended complaint against Charles Abbott (tortfeasor) and American Manufacturers Mutual Insurance Company (underinsured motorist carrier) pursuant to section 768.16, et seq., Florida Statutes (1989). The complaint arose from an accident which took place on July 6, 1989, whereby Abbott’s vehicle collided with Zieleskiewicz, who was a pedestrian at the time.
On November 24,1992, the personal representative filed a “Petition to Approve Partial Settlement.” The petition pointed out that Zieleskiewicz had been hospitalized for approximately one month in 1989 and that the hospital had claimed a lien of $149,855.45 against the proceeds of any settlement or verdict. Also, the personal representative pointed out that the tortfeasor’s insurer had tendered the full limits of their liability coverage on behalf of Abbott and that in addition, there might be UM coverage in the amount of $500,000.
The personal representative claimed that the hospital lien was not enforceable as' to the settlement proceeds or, in the alternative, that the lien should be reduced by the court. After the personal representative noticed the hospital, a hearing was held on November 17, 1992, after which, the court filed an order which granted the petition and distributed the $100,000 settlement with two-thirds going to the survivors and one-third going towards attorney’s fees and costs. The allocation to the hospital was zero on the basis that the hospital lien did not attach to the $100,000 offered by the defendant’s insurer.1
In the instant case, the hospital, University Medical Center, claims the trial court erred since no attempt was made at an equitable distribution of the proceeds since the personal representative was allowed to omit the estate’s claim. We agree and reverse. The Florida Wrongful Death Act clearly contemplates a recovery on behalf of the estate.
Where the personal representative represents all the beneficiaries, namely the estate and survivors, survivors’ claims are not inherently superior to an estate’s claim. Indeed, a personal representative may not release a claim which is in favor of an estate, except in good faith and upon sufficient consideration. Penn Mutual Life Ins. Co. v. Roberts, 120 Fla. 392, 162 So. 881 (1935); § 733.708, Fla.Stat. (1991). See also §§ 733.-602; 733.609; 733.612(20), (24), (26). Arguments that other proceeds might be forthcoming cannot serve as a basis for omitting the estate from a reasonable share of tendered settlement proceeds. See § 768.20; § 768.21(6)(b), (7), Fla.Stat. (1991); Funchess v. Gulf Stream Apartments of Broward County, Inc., 611 So. 2d 43, 45 (Fla. 4th DCA 1992) (the statute requires a single action brought by personal representative to recover damages for all beneficiaries); Jones v. Zagrodnik, 600 So. 2d 1265 (Fla. 5th DCA 1992). Thus, in the presence of a non-specific settlement offer from a defendant, a personal representative is bound to proportion proceeds for the survivors and the estate in a reasonable and equitable manner. Accordingly, the order granting the personal representative’s petition to approve partial settlement is reversed and the cause remanded to the trial court with instructions to enter an order rejecting the proposed settlement.
REVERSED AND REMANDED.
HARRIS, C.J., and DAUKSCH, J., concur. . The trial court mistakenly relied upon this court’s opinion in Orlando Regional Medical Center, Inc. v. Estate of Heron, 596 So. 2d 1078 (Fla. 5th DCA), rev. denied, 604 So. 2d 487 (Fla.1992), which is distinguishable on several grounds.
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Cont'l Nat'l Bank v. Brill, 636 So. 2d 782 (Fla. 3d DCA 1994)…epresentative receives a non-specific settlement offer in a wrongful death action, the representative is obligated to proportion proceeds between the estate and the survivors in a reasonable and equitable manner. University Medical Center v. Zeiler, 625 So. 2d 120, 122 (Fla. 5th DCA 1993). Where, as in this case, the personal representative is also a survivor of the decedent and therefore has a personal stake in the allocation of proceeds between the survivors and the estate, we conclude that the personal re…
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In re Est. OF Sallie Pearl Wiggins v. Destin, 729 So. 2d 523 (Fla. 4th DCA 1999)…and The personal representative correctly recognized her fiduciary duty to both the survivors and the estate and, therefore, her duty to allocate the available settlement proceeds in a fair and equitable manner. See University Med. Ctr. v. Zeiler, 625 So. 2d 120, 122 (Fla. 5th DCA 1993). Accordingly, the personal representative recommended that the court award $15,000 to each of the six adult children and the remaining $10,000 to the estate. Mr. Carter testified that, in his opinion, the proposed award of a…
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Brittany and Marquis Wiggins v. The Est. OF April Brown Wright, 786 So. 2d 1247 (Fla. 5th DCA 2001)…n a wrongful death action, he or she is obligated to apportion the proceeds between the estate and the survivors in a reasonable and equitable manner. See Guadalupe; Wiggins; Continental Nat’l Bank, 636 So. 2d at 784; University Med. Ctr. v. Zeiler, 625 So. 2d 120 (Fla. 5th DCA 1993). When asked to apportion the proceeds of a wrongful death settlement, a court must look to the statute to identify both the “survivors” and the recoverable damages. See §§ 768.18(1), 768.21, Fla.Stat. (1999); Hess. In fashioning…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dareyl Funchess v. Gulf Stream Apts. OF Broward Cnty., Inc., 611 So. 2d 43 (Fla. 4th DCA 1992)
- The Penn Mut. Life Ins. Co. v. Roberts, 120 Fla. 392 (Fla. 1935)
- Francis Jones for the Estate of Dean Jones v. Zagrodnik, 600 So. 2d 1265 (Fla. 5th DCA 1992)
- Orlando Reg'l Med. Ctr., Inc. v. Est. OF Edward M. Heron, IV, 596 So. 2d 1078 (Fla. 5th DCA 1992)