If you have lost a loved one due the negligence of another person, the last thing you need is to be bombarded with questions about the status of your relationship with the deceased. Last month, the Fifth District Court of Appeal in Florida clarified this issue in a written opinion in Domino’s Pizza v. Wiederhold, discussing when a plaintiff qualifies as a “surviving spouse” for a wrongful death lawsuit.
The court explored the tragic case of an engaged couple that married after a disastrously life-altering car accident. The plaintiff was a passenger in a vehicle with her then-fiancée, who was forced to swerve into a median when a vehicle owned by a Domino’s franchisee suddenly pulled out in front of them. The car overturned a few times before coming to final rest in a ditch. The accident immediately left the man a quadriplegic, while the woman was unharmed. A month after the accident the man sued Domino’s, the franchisee owner, and the driver of the franchisee’s vehicle. The couple subsequently moved forward with their commitment and married before the man died a year later due to accident-related injuries. After her husband passed away, the woman was substituted as the plaintiff and filed an amended complaint to include a claim for wrongful death damages.