Amanda L. Brennan-Patel and Kory Watson (St. Petersburg, FL) (Wrongful Death) In this case, the Personal Representative of the Estate of Deja Gatling filed a law suit against the driver and owner of a vehicle involved in a pedestrian vs vehicle accident. In her Complaint, the Personal Representative alleged survivor claims and wrongful death claims against both the driver and owner as well as an independent cause of action for manslaughter against the driver.
Notwithstanding evidence that the driver struck the decedent’s body, we obtained Summary Judgment on all counts. In granting Summary Judgment as to the survivor claims, the trial court found that Plaintiff had failed to provide evidence that the Decedent was alive and conscious after the impact such that she experienced any pain and suffering. The court granted Summary Judgment as to the wrongful death claims because the state of limitations had run and Plaintiff failed to provide evidence sufficient to toll same. As to the manslaughter claims, the trial court ruled that there was no independent cause of action for manslaughter. Even if there were, there was no evidence that the driver was culpably negligent.