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Texas Tech Univ. School of Law

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Sunday, June 22, 2014

Florida Appeals Courts Split on Loss of Consortium Cases

GavelAfter a trip to Disney World, Mr. Randall claimed that he was injured while on a roller coaster. Mr. and Mrs. Randall both sued Walt Disney, with Mr. Randall pursuing a personal injury claim, and Mrs. Randall bringing a loss of consortium claim. After Mr. Randall died and a personal representative was not substituted, the trial court dismissed both the personal injury claim and Mrs. Randall loss of consortium claim.

In Randall v. Walt Disney World Co., the Florida appellate court for the fifth district reversed the dismissal of Mrs. Randall’s loss of consortium claim. This decision is in conflict with the ruling by the third district appeals court in Florida on this issue in a separate case.

See Jeffrey Skatoff, Loss of Consortium Claim Survives Death of Spouse, Clark Skatoff, June 20, 2014.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/06/cant-kill-a-loss-of-consortium-claim-due-to-death-of-the-spouse.html

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