Domino's Pizza v. Wiederhold
248 So. 3d 212 (2018)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under the Florida Wrongful Death Act, a person's status as a 'surviving spouse' is determined at the time of the decedent's death, not at the time of the injury. Therefore, an individual who marries the decedent after the date of the tortious injury but before the decedent's death qualifies as a surviving spouse entitled to recover damages.
Facts:
- In January 2011, Richard Wiederhold was involved in a vehicle collision with a pizza delivery driver, Jeffrey Kidd, who was working for Domino's franchisee, Fischler.
- The collision immediately rendered Mr. Wiederhold a quadriplegic.
- At the time of the accident, Mr. Wiederhold's girlfriend, Yvonne, was an uninjured passenger in his vehicle.
- Several months after the accident, while Mr. Wiederhold was a quadriplegic, he married Yvonne.
- In March 2012, approximately 14 months after the accident, Mr. Wiederhold died as a result of his injuries.
Procedural Posture:
- Richard Wiederhold sued Domino’s Pizza, LLC, its franchisee Fischler, and driver Jeffrey Kidd in the Circuit Court for Orange County, Florida (trial court) for negligence.
- After Mr. Wiederhold died, his wife, Yvonne Wiederhold, was substituted as plaintiff and filed an amended complaint to include a claim for wrongful death damages as his surviving spouse.
- Domino's filed a motion for summary judgment arguing that Mrs. Wiederhold did not qualify as a 'surviving spouse' because she was not married to the decedent at the time of his injury.
- The trial court denied Domino's motion for summary judgment on the surviving spouse issue.
- At trial, Domino's moved for a directed verdict on the same issue, which the trial court also denied.
- A jury found in favor of Mrs. Wiederhold and awarded her $10 million in damages for loss of companionship.
- The trial court entered a final judgment against Domino's, which then appealed to the District Court of Appeal of the State of Florida, Fifth District.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the Florida Wrongful Death Act permit a person to recover damages as a 'surviving spouse' if they married the decedent after the injury that caused his death but before his death?
Opinions:
Majority - Orfinger, J.
Yes, the Florida Wrongful Death Act permits a person to recover as a 'surviving spouse' when the marriage occurs after the decedent's injury but before the decedent's death. The court held that survivor status is determined at the time of death, not at the time of injury. The court's reasoning is based on the plain language of the statute, which defines 'survivors' as 'the decedent’s spouse' without imposing any temporal limitation on when the marriage must have occurred. The court reasoned that a wrongful death cause of action accrues at the time of death, and thus, the legal relationships existing at that time are what control. To hold otherwise would lead to illogical results, such as allowing a spouse who divorced the decedent after the injury to recover, while barring a child born after the injury from recovering. The court noted the Act is remedial and must be liberally construed to shift losses to the wrongdoer, and if the legislature had intended to limit survivors to those with that status at the time of injury, it could have explicitly done so, as it has in other statutes. This decision expressly conflicts with the holding in Kelly v. Georgia-Pacific, LLC.
Analysis:
This decision establishes within Florida's Fifth District that survivor status for wrongful death claims is determined at the time of death, not injury. It creates a direct conflict with the Fourth District's contrary holding in Kelly, making the issue ripe for resolution by the Florida Supreme Court to establish a uniform statewide rule. The ruling reinforces the remedial purpose of the Wrongful Death Act, prioritizing compensation for individuals who are legal family members at the time of death. This precedent will significantly impact future cases involving changes in family status, such as marriage, birth, or adoption, occurring between a tortious injury and the resulting death.
