HESS v. HESS

No. 4D99-1765.

758 So.2d 1203 (2000)

Ronald HESS, as Personal Representative of the Estate of Tiffany Amelia Hess, Appellant, v. Nancy HESS, Appellee.

District Court of Appeal of Florida, Fourth District.

May 17, 2000.


Attorney(s) appearing for the Case

Thomas F. Luken, and S. Elysha Luken, Fort Lauderdale, for appellant.

Bruce C. Baillie, Stuart, for appellee.


GROSS, J.

The issue in this case is whether a probate judge must take into consideration the comparative fault of a survivor when asked to allocate proceeds of a wrongful death claim that has been settled before suit is filed. We hold that when the issue is raised by a survivor, the judge must give effect to section 768.20, Florida Statutes (1999), and consider a defense that "would bar or reduce a survivor's recovery if...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases