JUNO MARINE AGENCY, INC., A FLORIDA CORPORATION, NAVIERA TURRIALBA/INVERSIONES JUNO, S.A., AND GARDA MARINE, INC., APPELLANTS,
v.
TRACEY TAIBL, SPECIAL PERSONAL REPRESENTATIVE OF THE ESTATE OF STACEY NORMAN TAIBL, FOR THE USE AND BENEFIT OF TRACEY TAIBL, MINOR DAUGHTER, AND THE ESTATE OF STACEY NORMAN TAIBL, DECEASED, APPELLEES
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The appellate court reversed in part a summary judgment, holding that the trial court erred in granting the former wife entitlement to the proceeds of a life insurance policy and the contents of an IRA, reversing the decision regarding the IRA and remanding for further proceedings.
The court held that the trial court erred in granting summary judgment to the former wife regarding the disposition of the IRA and reversed that portion of the order, remanding for further proceedings.
[1] Survivors of a decedent who died on territorial waters in an accident not covered by federal maritime law may supplement maritime remedies with Florida wrongful death law…
[2] A jury verdict awarding punitive damages in a maritime wrongful death action is sustainable if the facts fully support it.
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Join FLexlaw to unlock all legal intelligenceFollowing a divorce, the father established a trust for a life insurance policy and executed a marital settlement agreement. The agreement stipulated …
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SCHWARTZ, Chief Judge.
Stacey Taibl, who was working nearby for another employer, was killed while attempting to rescue a member of the crew (who also died) from the hold of the defendants’ vessel while it was moored at Government Cut in Miami-Dade County. On this appeal, the appellants-defendants challenge a judgment entered upon a jury verdict in a maritime-wrongful death action against them. We find no merit in any of the points they present.
Treating only those issues which require even brief discussion, we conclude
(a) The trial court correctly determined that, because Taibl died on Florida territorial waters in an accident covered neither by the Jones Act, the Longshore and Harbor Workers Compensation Act, nor the Death on the High Seas Act, his survivors were entitled to supplement their maritime remedies with those available for wrongful death under Florida law, including a claim for punitive damages. See Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199, 116 S.Ct. 619, 133 L.Ed.2d 578 (1996); CEH, Inc. v. F/V Seafarer, 70 F. 3d 694 (1st Cir.1995); Florida Power & Light Co. v. Polackwich, 677 So. 2d 880 (Fla. 2d DCA 1996), review dismissed, 682 So. 2d 1100 (Fla.1996); International Ships Services, Ltd. v. Canales, 639 So. 2d 74 (Fla. 3d DCA 1994); Dos Santos v. Ajax Nav. Corp., 531 So. 2d 231 (Fla. 3d DCA 1988), cert. dismissed, 489 U.S. 1048, 109 S.Ct. 1304, 103 L.Ed.2d 574 (1989).
(b) The facts fully sustain the jury verdict awarding punitive damages in this particular case. First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. 4th DCA 1999), review dismissed, 743 So. 2d 12 (Fla.1999); Ellison v. State, 547 So. 2d 1003 (Fla. 1st DCA 1989), aff'd. in part, quashed in part, 561 So. 2d 576 (Fla.1990); State v. Brooks, 163 Vt. 245, 658 A. 2d 22 (1995); People v. Neff, 117 Cal.App.2d 772, 257 P. 2d 47 (1953); see also Turner v. PCR, Inc., 754 So. 2d 683 (Fla.2000).
(c) Prejudgment interest was properly awarded. See City of Milwaukee v. Cement Div. Nat. Gypsum Co., 515 U.S. 189, 115 S.Ct. 2091, 132 L.Ed.2d 148 (1995); Hilton Oil Transport v. Oil Transport Co., 659 So. 2d 1141 (Fla. 3d DCA 1995).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (12 total)
- Turner v. PCR, Inc., 754 So. 2d 683 (Fla. 2000)
- Yamaha Motor Corp. v. Calhoun, 516 U.S. 199 (U.S. 1996)
- State v. Ellison, 561 So. 2d 576 (Fla. 1990)
- Ellison v. State, 547 So. 2d 1003 (Fla. 1st DCA 1989)
- Hilton OIL Transp. v. OIL Transp. Co., S.A., 659 So. 2d 1141 (Fla. 3d DCA 1995)
- City of Milwaukee v. Cement Division, 515 U.S. 189 (U.S. 1995)
- First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. 4th DCA 1999)
- Mateus Da Cunha dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla. 3d DCA 1988)
- Int'l Ships Servs. v. Medardo Flores Canales, 639 So. 2d 74 (Fla. 3d DCA 1994)
- Fetterly v. Idaho, 489 U.S. 1048 (U.S. 1989)