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NIEMI v. MEBANE OIL COMPANY, INC.

No. 74-414.

303 So.2d 661 (1974)

Doris NIEMI, As Mother of Robert Niemi, Deceased, Etc., Plaintiff, v. MEBANE OIL COMPANY, INC., a Florida Corporation, et al., Defendants.

District Court of Appeal of Florida, Fourth District.

November 22, 1974.

Attorney(s) appearing for the Case

John R. Overchuck of Maher & Overchuck, P.A., Orlando, for plaintiff.

Gurney, Gurney & Handley, P.A., Orlando, for defendants.

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

DOWNEY, Judge.

The Circuit Court of the Ninth Judicial Circuit has certified to this court a question which it is stated will be determinative of the cause and which is without controlling precedent. Said question is:

With the enactment of the new Wrongful Death Statute § 768.16-[768].27, effective July 1, 1972, is conscious pain and suffering still a compensable element of damage recoverable under Florida...

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