WHITEFIELD v. KAINER

No. 77-2420.

369 So.2d 684 (1979)

Irene B. WHITEFIELD, Brevard County School Board and Hartford Accident & Indemnity Company, Appellants, v. Ernestina L. KAINER, As Administratrix of the Estate of Mark Joseph Kainer, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

April 18, 1979.


Attorney(s) appearing for the Case

E. Clay Parker and Michael P. Falkowski, III, of Parker, Falkowski, Johnson & Owen, P.A., Orlando, for appellants.

Arnold R. Ginsberg of Horton, Perse & Ginsberg, Miami, and Nance & Cacciatore, P.A., Melbourne, for appellee.


LETTS, Judge.

This appeal results from a wrongful death action in which the trial court refused to grant a motion for a directed verdict. The motion set forth that the illegitimate child was not a survivor as defined by the Florida Wrongful Death Act. We agree and reverse.

The facts are that the 18 year old alleged father was killed on a motorcycle. Nine months later his girlfriend gave birth to a child on whose behalf this wrongful death

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