Here’s a recent estate wrongful death lawsuit out of Broward County which involved lies, a hearsay exception to the Florida Evidence Code, evidence that a police officer fled the scene of the auto accident which caused the wrongful death. Want to see all the complexities of litigation which a Florida estate can be involved in? Read this recent, April 8, 2015 opinion of a Broward County appeal, which was just released by the West Palm Beach 4th District Court of Appeal.
Personal Representative Sues for Wrongful Death
- The daughter of the victim of a deadly auto accident in south Florida, as executor of the Broward Estate, sued the person who caused the crash: an off duty cop
- The daughter was the personal representative of the Broward probate
- An off duty police officer “left the scene” and later “reported to police investigators that his car had been stolen”…
- He later admitted that he lied.
- The cop argued at the probate trial that the victim did not wear his seatbelt and the jury agreed: the victim was 30% at fault for not wearing his seatbelt and the driver of the car that struck the victim’s car, the ex cop, was 70% at fault.
What evidence should a jury hear in a Florida estate wrongful death lawsuit?
- This is why your probate litigator Palm Beach needs to know not just the Florida Probate Code but also the Florida Evidence Code
- Should evidence that the off duty officer fled the car accident scene be admitted into evidence and heard by the jury at the wrongful death lawsuit brought by the Broward executor of the will?
- Is the “probative value” substantially outweighed by the danger of “unfairprejudice?”….that’s the Florida procedural or evidentiary issue the court had to deal with…. and which the Florida appeals court, the 4th District Court of Appeal, also had to deal with
- Should the jury hear about the lie by the police officer?
- What damages does the estate get?
- The survivors, the victim’s wife and his children , sought damages in the probate lawsuit and trial
- Should the jury hear all about the family relationships at the estate lawsuit?
- Should the jury hear evidence or testimony that the vicitm’s wife was using money on drugs? Was a proper hearsay objection made and should a jury hear about this?
Palm Beach Appeals Court for Broward County issues opinion April 8, 2015 in wrongful death lawsuit by estate
- Here’s a copy of the 4th District Court of Appeal (Florida) opinion so you can read it on your own: http://www.4dca.org/opinions/April%202015/04-08-15/4D12-4546.op.pdf