Legal Opinion

Howze v. Lykes Bros.

Supreme Court of Florida

Decided March 24, 1953PublishedCited by 6 opinions

1Opinion of the Court

TERRELL, Acting Chief Justice.

Donald Howze, a minor, was killed in line of duty while employed by appellee. Decedent’s father brought this action to recover damages for mental pain and suffering on account of the negligent death of his minor son. Motion to dismiss the complaint was granted and the plaintiff appealed.

The point for determination is whether or not Section 768.03, F.S.A. bars the father of a minor from recovery under the facts stated.

The trial court, on authority of Chamberlain v. Florida Power Corporation, 144 Fla. 719, 198 So. 486, answered this question in the affirmative and…

2Cases cited3 opinions

  1. Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
  2. Chamberlain v. Florida Power CorporationSupreme Court of Florida · 1940
  3. Liberato v. RoyerSupreme Court of Pennsylvania · 1924

3Cited by6 opinions

  1. FLA. ERECTION SERV. INC. v. McDonaldDistrict Court of Appeal of Florida · 1981
  2. West v. ZeibellWashington Supreme Court · 1976
  3. Mullarkey v. Florida Feed Mills, Inc.Supreme Court of Florida · 1972
  4. Horney v. Meredith Swimming Pool CompanySupreme Court of North Carolina · 1966
  5. Crosby v. REG. UTIL. BD., CITY OF GAINESVILLEDistrict Court of Appeal of Florida · 1981

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