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Partial Summary Judgment in Wrongful Death Case

November 1, 2017

Angela C. Agostino, of the Ft. Myers office, obtained a Partial  Summary Judgment in a Wrongful Death claim. The Plaintiff sued our client claiming her husband passed away on November 22, 2013, as the result of an accident that occurred on September 4, 2013. According to the medical examiner, the death was caused by coronary artery disease and diabetes. Despite extensive cardiac history, Plaintiff testified her husband had no issues with his heart prior to the accident. She claimed that the pain and anxiety of the accident caused his heart to fail. The decedent’s cardiologist did not believe that the decedent’s coronary artery disease was the likely cause of death, but agreed it could not be caused by an auto accident. Plaintiff’s counsel argued that the wife’s testimony was enough to create a material fact at issue and that additional time was needed to retain an expert even though the Complaint was filed November 19, 2015. The Judge granted Summary Judgment and did not allow Plaintiff the requested time and agreed that there was no reasonable basis to conclude the negligence of our client was the legal cause of  Plaintiff’s husband’s death. There is a pending Motion for Fees and Costs based on a Proposal for Settlement directed solely to the Wrongful Death claim.

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