1. Home
  2. Browse Decisions
  3. So.2d
  4. 779 So.2d
  5. 779 So.2d 667 (2001)
 

SOMBERG v. FLA. CONVALESCENT CENTERS, INC.

No. 3D00-818.

779 So.2d 667 (2001)

Reed SOMBERG, as personal representative of the Estate of Irving Ellis, deceased, Appellant, v. FLORIDA CONVALESCENT CENTERS, INC., d/b/a Palm Garden of North Miami Beach, Appellee.

District Court of Appeal of Florida, Third District.

March 21, 2001.

Attorney(s) appearing for the Case

Ford & Sinclair, P.A., and Douglas F. Eaton, for appellant.

McIntosh, Sawran, Peltz & Cartaya, P.A., and Carmen Y. Cartaya, Fort Lauderdale, and Brian H. Pollock, Plantation, for appellee.

Podhurst, Orseck, Josefsberg, Eaton Meadow, Olin & Perwin, Miami, for The Academy of Florida Trial Lawyers as Amicus Curiae.

Before COPE and SHEVIN, JJ., and NESBITT, Senior Judge.

On Motion for Rehearing

COPE, J.

On consideration of appellee's motion for rehearing, we withdraw the opinion dated December 20, 2000, and substitute the following opinion.

We are called on to determine whether a claim for damages for pre-death pain and suffering under chapter 400, Florida Statutes (1997), survives the death of the decedent. We conclude that the damages claim survives, and remand this case for further proceedings.

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