Nationwide Mutual Fire Insurance v. MacDonald
Nationwide Mutual Fire Insurance v. MacDonald
Opinion of the Court
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
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.
In arguing that the statute in effect at the time of the accident governs, the insurer relies solely on cases from other jurisdictions.
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,
Affirmed.
. 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.
Reference
- Full Case Name
- NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. Theresa MacDONALD and William MacDonald, Sr., individually and as Personal Representative of the Estate of William Stanley MacDonald
- Cited By
- 8 cases
- Status
- Published