The St. Francis Hospital, Inc. v. Thompson

I am unable to concur in the opinion prepared by Mr. Justice BARNS in this case because it is my conclusion that the plea of the statute of limitations tendered was a good plea and was supported by the evidence which had been introduced prior to the tender of the plea.

In reaching a correct construction of the statutes and determining the law in this regard we must construe in pari materia three sections of our statutes. Sec. 768.01 Florida Statutes 1941 (same F.S.A.), provides:

“768.01. Right of Action for Death Due to Negligence.— Whenever the death of any person in this State shall be caused…