Martin v. United Security Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “the new Act is effective to consolidate the actions and transfer pain and suffering claims from the decedent to the survivors”
• explaining that the new Act had consolidated “two separate and independent causes of action” (emphasis added)
• noting that the intent of Florida’s wrongful death statute is that “a separate lawsuit for death-resulting personal injuries cannot be brought as a survival action”
• finding that no action for personal injury resulting in death can survive decedent’s demise
• utilizing this apparent anomaly as justification for construing Florida's wrongful death statute to allow claims for punitive damages
• allowing for punitive damages upon merger of personal injury survival action into wrongful death claim

Source: CourtListener parenthetical corpus (CC0).