Supreme Court of Florida

The court erred in relying on the Wrongful Death Act's concept of "net accumulations" when reviewing the economic damages awarded to the widow of a man who died as a result of medical malpractice. She is entitled to the net loss of social security retirement benefits, measured according to his normal life expectancy absent evidence that he had a reduced life expectancy for reasons unrelated to the malpractice.

Appellate Information

• Decided 02/12/2004
• Published 02/12/2004

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Stanley Bruce Powell of Powell & Swanick, Niceville, FL, for Petitioner., Gail Leverett Parenti of Parenti, Falk, Waas, Hernandez & Cortina, P.A., Coral Gables, FL, for Florida Defense Lawyers Association, Amicus Curiae.


• For Appellees:
  
• William K. Thames, II, and Pamela K. Frazier of Lozier, Thames & Frazier, P.A., Pensacola, FL, for Respondent.