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Terwilliger v. Owens-Corning

District Court of Appeal of Florida, Third District
Sep 28, 1994
642 So. 2d 1164 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-662.

September 28, 1994.

Appeal from the Circuit Court, Dade County, Arthur Rothenberg, J.

Daniel A. Brown and David M. Lipman, Miami, for appellant.

Crosby, Saad, Beebe Crump, Mobile, AL, Berger Chafetz and Steven R. Berger, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.


Collins was exposed to asbestos in Massachusetts, but moved to Florida long before the onset of his resulting illness and died a citizen of this state. We hold that the law of Florida, rather than Massachusetts, was properly applied below to determine the measure of damages for his wrongful death. See Bishop v. Florida Specialty Paint Co., 389 So.2d 999 (Fla. 1980); Proprietors Ins. Co. v. Valsecchi, 435 So.2d 290 (Fla. 3d DCA 1983), pet. for review denied, 449 So.2d 265 (Fla. 1984); Harris v. Berkowitz, 433 So.2d 613 (Fla. 3d DCA 1983).

Collins died after recovering a personal injury verdict and judgment but before they were reversed. See Owens-Corning Fiberglas v. Terwilliger, 599 So.2d 130 (Fla. 3d DCA 1992), review denied, 613 So.2d 9 (Fla. 1992).

Affirmed.


Summaries of

Terwilliger v. Owens-Corning

District Court of Appeal of Florida, Third District
Sep 28, 1994
642 So. 2d 1164 (Fla. Dist. Ct. App. 1994)
Case details for

Terwilliger v. Owens-Corning

Case Details

Full title:RICHARD TERWILLIGER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF THOMAS…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 28, 1994

Citations

642 So. 2d 1164 (Fla. Dist. Ct. App. 1994)