MARTINEZ v. RODRIQUEZ

No. 24319.

394 F.2d 156 (1968)

Eusebio M. MARTINEZ, father of Jacqueline M. Martinez, a minor, Deceased, Appellant, v. Jose RODRIQUEZ and Antonio Rodriquez, d/b/a Ingram Court Apartments, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 4, 1968.


Attorney(s) appearing for the Case

Robert Orseck, Nichols, Gaither, Beckham, Colson, Spence & Hicks, and Podhurst & Orseck, Miami, Fla., for appellant.

Richard B. Adams, Jeanne Heyward, Dean, Adams, George & Wood, Miami, Fla., for appellees and cross-appellants.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and SIMPSON, Circuit Judges.


JOHN R. BROWN, Chief Judge:

The main issue presented in this case is whether a father who sues under Florida Stat. 768.03, F.S.A. to recover damages for the death of his minor daughter is completely barred from recovery by the contributory negligence of the child's mother in which he did not, and could not participate, since the father was out of the country at the time of the accident and had never even seen his child.

Although there are other and peripheral...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases