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CAPIELLO v. GOODNIGHT

Nos. 77-1504 and 77-1567.

357 So.2d 225 (1978)

John J. CAPIELLO, Allstate Insurance Company, a Corporation, and United States Fidelity and Guaranty Company, a Corporation, Appellants, v. Johnnie E. GOODNIGHT, As Administrator of the Estate of Geneva Goodnight, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 24, 1978.

Attorney(s) appearing for the Case

Kempton P. Logan, of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellants Capiello and United States Fidelity and Guaranty.

James H. McNeil, of Taylor & McNeil, Fort Myers, for appellants Capiello and Allstate.

William D. Keith, of Monaco & Cardillo, Naples, for appellee.

GRIMES, Judge.

The question posed by this appeal is whether the adult children of one who is killed by the negligence of another can recover damages under the new Florida Wrongful Death Act when they were not dependent upon the decedent.

Geneva Goodnight was killed in a one car collision. The decedent owned the car, but the appellant, John J. Capiello, was driving when the accident occurred. Appellant, United States Fidelity and Guaranty Company, insured the...

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