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NATIONWIDE MUT. FIRE v. MacDONALD

No. 93-2623.

645 So.2d 1057 (1994)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Theresa MacDONALD and William macDonald, Sr., individually and as Personal Representative of the Estate of William Stanley MacDonald, Appellee.

District Court of Appeal of Florida, Fourth District.

November 16, 1994.

Attorney(s) appearing for the Case

Michele I. Nelson of Paxton, Crow, Bragg, Smith & Keyser, P.A., West Palm Beach, for appellant.

James C. Gavigan of James C. Gavigan, P.A., West Palm Beach for appellee — Estate of William Stanley MacDonald.

Andrew D. Rafkin of Broad & Cassel, West Palm Beach, for appellee — William MacDonald, Sr.

KLEIN, Judge.

The appellee's adult son was injured in an automobile accident on December 4, 1989, and died as a result of those injuries on September 28, 1992. Between his accident and his death, our Wrongful Death Act, section 768.21, Florida Statutes was amended to provide that parents of an adult child can recover for mental pain and suffering if there are no other survivors. The trial court held that the date of death...

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