Legal Opinion

McDonald v. Forman

District Court of Appeal of Florida

Decided July 24, 1970No. 69-507PublishedCited by 2 opinions

1Opinion of the Court

ON REHEARING

2Per curiam

Appellant appeals the dismissal with prejudice of her claim under F.S. 768.03, F.S.A. for mental pain and suffering arising from the wrongful death of her minor child. Initially we concluded her claim to be improper, but upon rehearing we reach a different result.

Death of the minor child occurred while the parents were married. Following her divorce, appellant-mother now asserts her claim which the trial court has denied.

Dispositive of this issue is the language recently stated in Williams v. Legree, Fla.App.1968, 206 So.2d 13, as follows:

“The Supreme Court of Florida has…

3Cases cited3 opinions

  1. Haddock Ex Rel. Wiggins v. Florida Motor Lines Corp.Supreme Court of Florida · 1942
  2. Covey v. EppesSupreme Court of Florida · 1963
  3. Williams v. LegreeDistrict Court of Appeal of Florida · 1968

4Cited by2 opinions

  1. Forman v. McDonaldSupreme Court of Florida · 1970
  2. Mapps v. WolffDistrict Court of Appeal of Florida · 1990

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