NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, APPELLANT,
v.
THERESA MACDONALD AND WILLIAM MACDONALD, SR., INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM STANLEY MACDONALD, APPELLEE
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Nationwide Insurance appeals a judgment allowing parents to recover for mental pain and suffering in their adult son's wrongful death case under a newly amended Florida statute. The court affirms, holding that a wrongful death cause of action accrues on the date of death, not the date of injury, and therefore the amended statute applied even though the accident preceded the amendment.
The amended wrongful death statute applies because a wrongful death cause of action accrues on the date of the decedent's death, not the date of injury. Since death occurred after October 1, 1990, the new statute applies, and even if deemed retrospective, the statute is remedial and may constitutionally be applied retrospectively.
[1] A cause of action for wrongful death accrues on the date of the decedent's death.
[2] A remedial statute may be constitutionally applied retrospectively.
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Join FLexlaw to unlock all legal intelligence“A cause of action for wrongful death accrues on the date of decedent's death.”
Establishes the pivotal principle that determines which version of the statute applies—the one in effect when death occurs, not when injury occurs.
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Join FLexlaw to unlock all legal intelligenceAn adult son was injured in an automobile accident on December 4, 1989, and died from those injuries on September 28, 1992. Between the accident and d…
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KLEIN, Judge.
The appellee’s adult son was injured in an automobile accident on December 4, 1989, and died as a result of those injuries on September 28, 1992. Between his accident and his death, our Wrongful Death Act, section 768.21, Florida Statutes was amended to provide that parents of an adult child can recover for mental pain and suffering if there are no other survivors. The trial court held that the date of death determined which version of the statute applied, and that the new law, allowing the parents to recover, was therefore applicable. Decedent’s uninsured motorist insurer appeals the final judgment, and we affirm.
When our legislature amended our wrongful death statute, it specifically provided that it was effective October 1, 1990, and applied to causes of action accruing on or after that date.1 A cause of action for wrongful death accrues on the date of decedent’s death. Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558, 559 (Fla. 2d DCA 1976); Walker v. Beech Aircraft Corporation, 320 So. 2d 418, 420 (Fla. 3d DCA 1975), cert. denied, 338 So. 2d 843 (Fla.1976). The trial court thus correctly applied the amendment.
In arguing that the statute in effect at the time of the accident governs, the insurer relies solely on cases from other jurisdictions.2 In those cases the courts were troubled by the concept of retrospectively applying a new or amended wrongful death law to an accident occurring prior to the passage of new legislation, and concluded that the date of the accident controlled.
There are two reasons why these cases from other jurisdictions are not applicable. First, our legislature specifically provided that this amendment would apply to causes of action accruing on or after October 1,1990. Second, even if this application were deemed retrospective, our wrongful death statute is remedial,3 which means that it can constitutionally be applied retrospectively. City of Lakeland v. Catinella, 129 So. 2d 133 (Fla.1961).
Affirmed.
HERSEY and GLICKSTEIN, JJ., concur. . Ch. 90-14, § 3, at 93, Laws of Fla. . Quinn v. Chicago, M & St. P. RY. Co., 141 Wis. 497, 124 N.W. 653 (1910); Slate v. City of Ft. Worth, 193 S.W. 1143 (Tex.Civ.App.1917); Beausoleil’s Case, 321 Mass. 344, 73 N.E. 2d 461 (1947).
. Section 768.17, Florida Statutes.
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R.J. Reynolds Tobacco Co. & Philip Morris USA Inc. v. Andy R. Allen Sr. FOR the Estate OF Patricia L. Allen, 228 So. 3d 684 (Fla. 1st DCA 2017)…ing Basel v. McFarland & Sons, Inc., 815 So. 2d 687 (Fla. 5th DCA 2002)); §§ 768.72(4) & 768.73(5), Fla. Stat. In many wrongful death actions, the cause of action accrues on the date of a decedent’s death. Nationwide Mut. Fire Ins. Co. v. MacDonald, 645 So. 2d 1057 (Fla. 4th DCA 1994). However, Engle-progeny cases are different. Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006); see also R.J. Reynolds Tobacco Co. v. Ciccone, 190 So. 3d 1028 (Fla. 2016) (applying manifestation rather than accrual of cau…
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R.J. Reynolds Tobacco Co. v. Sheffield, 266 So. 3d 1230 (Fla. 5th DCA 2019)
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R.J. Reynolds Tobacco Co. v. Evers, 232 So. 3d 457 (Fla. 2d DCA 2017)…3); and then citing §§ 768.72(4) & 768.73(5), Fla. Stat.), reh’g granted (June 15, 2017).5 And “[i]n many wrongful death actions, the cause of action accrues on the date of a decedent’s death.” Id. (citing Nationwide Mut. Fire Ins. Co. v. MacDonald, 645 So. 2d 1057 (Fla. 4th DCA 1994)). “However, Engle-progeny cases are different.” Id. (citing Engle, 945 So. 2d 1246). In order for a case to qualify as an Engle-progeny case, “a plaintiffs (or plaintiffs decedent’s) ‘symptoms of a tobacco-related disease or med…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Lakeland v. Catinella, 129 So. 2d 133 (Fla. 1961)
- Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976)
- Wis. Real Est. Inv. Tr. v. Taylor, 320 So. 2d 418 (Fla. 4th DCA 1975)