Brons v. Beech Aircraft Corp.

ORDER GRANTING SUMMARY JUDGMENT

ATKINS, District Judge.

THIS CAUSE is before the Court on the issue of whether plaintiff may maintain an action under Florida’s Wrongful Death Act. Defendant Beech Aircraft asserts that the action is controlled exclusively by the Death on the High Seas Act, 46 U.S.C. § 761 et seq. In addition, Defendant Hart-zog has moved for summary judgment based on the affidavit of Virgil Smith and Donald Pond.

1. Defendant Hartzog’s Motion:

Rule 56 provides:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the…