Pertinent Case Rulings – WD

Pertinent Case Rulings

  • Leasco, Inc v. Bartlett, 257 So.2d 629 (4th DCA Fla. 1971)
Value of loss of services may be calculated by what survivor would have to pay to have the work performed.
  • Seaboard Coastline Railroad Co. v. Garrison, 335 So.2d 423 (Fla. 2d DCA 1976)

Testimony on inflationary trends is admissible

  • Smyer v. Gaines, 332 So.2d 655 (Fla. 1st DCA 1976)

Recovery for loss of services does not require that survivor hire someone to render services.

  • Bould v. Touchette 349 So2d 1181 (Fla. 1977)

Defines factors that may be considered in determining loss of support.

  • Higgins v. Kennebrew Motors, Inc., 547 F 2d 1223 (5th Cir. 1977)

Appropriate for expert to use U.S. Department of Labor data to estimate deductions from decedent’s income for personal maintenance expenses.

  • Greisemer v. Prathers, Inc., So. 2d 68 (Fla. 2d DCA 1982)

Appropriate to consider that value of estate would be increased by inflation.

  • Jones & Laughlin Steel Corp. v. Pfeiffer, 143 S. Ct. 241, 1983

Basis for calculating inflation and discount rates.

  • Air Florida v. Hobbs, 477 So. 2d 40 (Fla. 3rd DCA 1985)

Expert must separate out claim for loss of net accumulations from loss to survivors.

  • Delta Air Lines, Inc. v. Harold Ageloff, et al., Supreme Court of Florida, Case No. 73,729, October 29, 1989/U.S. Court of Appeals for the 11th Circuit, Case No. 86-6022. December 2, 1988

No Particular method is required to calculate future increase in value of decedent’s estate.

  • Synergy Gas Corporation v. Idella Johnson, et al., 3rd District, Case No. 91-1401. November 16, 1993

Amount awarded for loss of net accumulations to the estate based on economist’s testimony was not supported where there was no evidence of the decedent’s propensity to save of whether he had saved anything at all at the time of his death.