Florida Estate Appeal: Can an Estate Bring an Employment Discrimination Case? One Florida Appeals Court Said Yes Recently.

Uncategorized • Jan 22, 2016

Florida probate lawyers know that probate litigation is not the only time their services are needed. Sometimes you need to open an estate to bring a lawsuit on behalf of the decedent against third parties such as employers. Can a surviving spouse file a lawsuit for discrimination after her husband already died? According to this recent appeal from the Fourth District Court of Appeal, the answer is yes.

Personal Representatives in Florida

Probate attorneys Florida know that the first step in anything related to probate is usually opening the estate.
The lawyer represents the estate in Florida probate litigation but they need someone to give direction.
That person is the personal representative who is charged with upholding the best interests of the estate.
In most cases it is undisputed that a right to sue does not die when a person dies.
In other words, the personal representative can sue for the benefit of the estate.
For example, if a person is killed by a drunk driver, surely the Florida personal representative can sue for wrongful death on their behalf
That is not always the case though.
There is a wide branch of case law discussing what claims cannot be brought after death.
One such issue was whether or not claims of discrimination are allowed.
We have previously blogged about discrimination cases that continued after someone died.
But can a personal representative bring the claim themselves originally?
That is what the Fourth District Court of Appeal was asked in this recent Florida appeal.

Cimino v. American Airlines, Inc.

This was a rather sad case out of the Fourth District Court of Appeals.
The question before the Court (and on the minds of Estate attorneys Florida) is whether or not a surviving spouse as personal representative can charge a claim of discrimination after her husband’s death.
Here a man was allegedly discriminated against while working for the defendant airline.
So much so, that he was eventually fired.
He then shortly thereafter committed suicide!
The Court answered in the affirmative and allowed the claim to move forward.
Was that the right decision?
What do you think?

Before you make up your mind, read the case!

For a free copy click here.

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