Burgh v. Carroll

PEARSON, Judge.

Mr. and Mrs. Burgh appeal a summary final judgment entered for the appellee, James D. Carroll. The Burghs sued Carroll under the wrongful death statute, § 768.01, Fla.Stat., F.S.A. The trial judge ruled that they were not entitled to maintain the action because they were not dependents within the meaning of § 768.02, Fla.Stat., F.S.A.

Harry Gangler, age 53, was killed June 3, 1967, when he was struck by an automobile owned and driven by James D. Carroll. He had been living with his niece Patricia Burgh, her husband, Robert Burgh, and the Burghs’ children for ten to twelve years…