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McAFEE v. KIRKLAND

No. 78-306.

362 So.2d 695 (1978)

William McAFEE, As Personal Representative of the Estate of Kathleen Marie McAfee, Deceased, Plaintiff, v. Edward R. KIRKLAND, Jr., and Cincinnati Insurance Company, a Foreign Corporation, Defendants.

District Court of Appeal of Florida, Fourth District.

September 20, 1978.

Attorney(s) appearing for the Case

Jacqueline R. Griffin of Wells, Gattis & Hallowes, P.A., Orlando, for plaintiff.

J. David Walsh of Gosney, Cameron & Parsons, Daytona Beach, for defendants-Edward R. Kirkland, Jr., and Cincinnati Ins. Co.

GREEN, OLIVER L., Associate Judge.

We are presented the following question:

Whether, Plaintiff, WILLIAM C. McAFEE, as personal representative of the Estate of KATHLEEN MARIE McAFEE, may assert a claim for mental pain and suffering of the parents of KATHLEEN MARIE McAFEE, occasioned by the wrongful death of their 19 year old dependent daughter as permitted by the provisions of Florida Statute 768.18(2) in effect at the time the civil action was filed in October...

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