Fifth DCA Case: Wrongful Death Appeal

Are the personal representative of an estate where the   decedent’s death was caused by the negligence, carelessness or poor decisions / defective products of a third party? Did you know that the decedent’s rights to sue are now vested into you as the personal representative? Do you know how prove a wrongful death action in Palm Beach trial court? If not you could end up like the personal representative in this case out of the Fifth District Court of Appeals. After she lost she had to go to win on appeal, which surely cost some big bucks.

How Can You Avoid Summary Judgment/ Motions to Dismiss

• If you are filing a wrongful death action in West Palm Beach civil court, you want your day to be heard by a jury.
• The defendants want the opposite; they want to see you out of court as soon as possible.
• Skilled West Palm Beach defense attorneys know how to use motion practice to have a case thrown out of court before it gets to the trial phase.
• Do you know what a motion to dismiss is?
• What about a motion for summary judgment?
• You can be sure you probably will have to face one of these prior to trial.
• Experienced Palm Beach probate litigators and plaintiff attorneys draft defensively and make sure to avoid traps caused by summary judgment motions and motions to dismiss.
• Did you know that testimony you gave in a Boynton Beach deposition could come back to haunt you?

Villanueva v. Reynolds et. Al.

• Plaintiff in this case was a personal representative for an estate that brought a suit sounding in wrongful death against a design company for a defective roadway expansion that contributed to Decedent’s death.
• On appeal the court found that the trial court had granted summary judgment improperly.
• Although it is great the plaintiff will have a second bite at the apple, Palm Beach appealsare expensive and its best to win on the first try.

Want to learn more?

Check out the entire case by clicking here.