Fla. Appellate Court Certifies Conflict in Wrongful Death Act in Asbestos Case

WEST PALM BEACH, Fla. –– A Florida appellate court has certified a conflict with regard to caselaw pertaining to the recovery of damages by adult children of a decedent, opining that the Circuit Court had taken “inconsistent positions” in the underlying asbestos personal injury lawsuit.

In the March 30 opinion, the Florida District Court of Appeal for the Fourth District affirmed a lower court finding that the decedent’s widow could not recover damages but reversed a finding that the decedent’s adult children could not recover damages on his behalf.

On July 23, 2015, Richard D. Counter filed his personal injury …