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MARTIN v. UNITED SECURITY SERVICES, INC.

Nos. 44651 and 45702.

314 So.2d 765 (1975)

Beverly C. MARTIN, As Administratrix C.T.A. of the Estate of Joyce Chesworth Atchley, Deceased, Appellant, v. UNITED SECURITY SERVICES, INC., a Corporation, Appellee. James MOBLEY, As Administrator of the Estate of James Kelvin Mobley, Deceased, et al., Petitioners, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a Florida Corporation, et al., Respondents.

Supreme Court of Florida.

Rehearings Denied July 18, 1975.

Attorney(s) appearing for the Case

Charles P. Pillans, III, Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, for appellant.

Arnold R. Ginsberg, Fuller, Brumer, Moss, Cohen & Rodgers, and Horton & Perse, Miami, for petitioners.

Marion R. Shepard, Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellee.

William E. Sadowski, Helliwell, Melrose & DeWolf, Miami, for respondents.

Robert Orseck, Podhurst, Orseck & Parks, Miami, for Academy of Florida Trial Lawyers, amicus curiae.

OVERTON, Justice.

These two cases concern the constitutionality of Florida's new Wrongful Death Act, Sections 768.16-768.27, Florida Statutes (1973).1 Specifically, we are asked to determine whether the new Act has constitutionally eliminated claims under the survival statute, Section 46.021, Florida Statutes (1973), for (1) pain and suffering of a decedent and (2) punitive damages pursuant to...

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