Childers v. Schachner

District Court of Appeal of Florida

Childers v. Schachner

612 So. 2d 699, 1993 Fla. App. LEXIS 607, 1993 WL 15641

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 1993

DocketNo. 92-1099

StatusPublished

Cited by3 cases

This text of 612 So. 2d 699 (Childers v. Schachner) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Childers v. Schachner, 612 So. 2d 699, 1993 Fla. App. LEXIS 607, 1993 WL 15641 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

This is an appeal by the plaintiff William F. Childers, as joint personal representative of the estate of his deceased son William Giles Childers, from a final judgment entered below on his survivor’s claim after a jury trial in a wrongful death action. The plaintiff contends that the trial court erroneously reduced the jury award returned in his favor by the 75% of comparative negligence which the jury found was attributable to his wife in the wrongful death sued upon. We agree and reverse based on a holding that in a wrongful death action involving a minor child, a jury award to the non-negligent parent on a survivor’s claim, as here, cannot be reduced by the percentage of comparative negligence attributed by the jury to the negligent parent for the wrongful death of the minor child. Gurney v. Cain, 588 So.2d 244 (Fla. 4th DCA1991), rev. denied, 599 So.2d 656 (Fla.1992); Singletary v. National R.R. Passenger Corp., 376 So.2d 1191 (Fla. 2d DCA1979) (opinion by Grimes, J.).

We find no error, however, in the summary judgment entered below in favor of the defendant University of Miami on the alleged medical fraud claim which is also under review. The record conclusively establishes that (1) no misrepresentation of a material fact was made in this case, and (2) no legally cognizable reliance on the alleged fraud occurred in any event; thus a viable cause of action for fraud was clearly disproved in this record. American Int’l Land Corp. v. Hanna, 323 So.2d 567, 569-70 (Fla.1975); Yanks v. Barnett, 563 So.2d 776, 777-78 (Fla. 3d DCA1990), rev. denied, 576 So.2d 295 (Fla.1991).

The summary judgment for the University of Miami is affirmed. The judgment on the survivor’s claim for William F. Childers is reversed and the cause is remanded to the trial court with directions to enter a final judgment for William F. Childers based on the jury award for the subject survivor's claim.

Affirmed in part, reversed in part.

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PER CURIAM.

This is an appeal by the plaintiff William F. Childers, as joint personal representative of the estate of his deceased son William Giles Childers, from a final judgment entered below on his survivor’s claim after a jury trial in a wrongful death action. The plaintiff contends that the trial court erroneously reduced the jury award returned in his favor by the 75% of comparative negligence which the jury found was attributable to his wife in the wrongful death sued upon. We agree and reverse based on a holding that in a wrongful death action involving a minor child, a jury award to the non-negligent parent on a survivor’s claim, as here, cannot be reduced by the percentage of comparative negligence attributed by the jury to the negligent parent for the wrongful death of the minor child. Gurney v. Cain, 588 So.2d 244 (Fla. 4th DCA1991), rev. denied, 599 So.2d 656 (Fla.1992); Singletary v. National R.R. Passenger Corp., 376 So.2d 1191 (Fla. 2d DCA1979) (opinion by Grimes, J.).

We find no error, however, in the summary judgment entered below in favor of the defendant University of Miami on the alleged medical fraud claim which is also under review. The record conclusively establishes that (1) no misrepresentation of a material fact was made in this case, and (2) no legally cognizable reliance on the alleged fraud occurred in any event; thus a viable cause of action for fraud was clearly disproved in this record. American Int’l Land Corp. v. Hanna, 323 So.2d 567, 569-70 (Fla.1975); Yanks v. Barnett, 563 So.2d 776, 777-78 (Fla. 3d DCA1990), rev. denied, 576 So.2d 295 (Fla.1991).

The summary judgment for the University of Miami is affirmed. The judgment on the survivor’s claim for William F. Childers is reversed and the cause is remanded to the trial court with directions to enter a final judgment for William F. Childers based on the jury award for the subject survivor's claim.

Affirmed in part, reversed in part.

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612 So. 2d 699, 1993 Fla. App. LEXIS 607, 1993 WL 15641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childers-v-schachner-fladistctapp-1993.

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