Niemi v. Mebane Oil Co.

DOWNEY, Judge.

The Circuit Court of the Ninth Judicial Circuit has certified to this court a question which it is stated will be determi*662native of the cause and which is without controlling precedent. Said question is:

With the enactment of the new Wrongful Death Statute § 768.16-[768].27, effective July 1, 1972, is conscious pain and suffering still a compensable element of damage recoverable under Florida Statute 45.11 [now § 46.021] ?

Examination of the briefs, confirmed at oral argument, convinces us that an answer to the question involved will not be disposi-tive of the cause. Appellant…