Gaston v. Pittman

OPINION

ARNOW, District Judge.

Under Florida law, may a woman, after divorce from her husband, maintain an action against him for a personal tort committed by him prior to their marriage ?

That is the question here presented. I conclude she may not.

Plaintiff brought suit against the Defendant alleging the death of her minor child as the proximate result of the negligence and carelessness of the Defendant. Defendant, by motion, seeks summary judgment in his favor. It is undisputed and established on the record before the Court that the minor child died on May 4, 1965; Plaintiff and Defendant were…