Ripple v. CBS Corp.
Resolving a conflict between the Fourth District (Kelly/Ripple) and the Fifth District (Domino's Pizza v. Wiederhold), the Florida Supreme Court held that a spouse who married the decedent after the onset of the injury that caused death is still a "surviving spouse" entitled to recover loss-of-companionship and mental pain and suffering damages under section 768.21(2) of the Wrongful Death Act. The Court further held that the common law "marriage before injury" rule does not bar such recovery, quashing the Fourth District's contrary decision.
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