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513 So. 2d 1333

513 So.2d 1333

12 Fla.L.Weekly 2365

Docket No. 87-222.

Ferretti v. Weber

Edgardo A. FERRETTI, Appellant, v. Bastos De Olivera WEBER and National Car Rental System, Inc., Universal Tile, Inc., and Maersk Container Service Company, Inc., Appellees.

District Court of Appeal of Florida

Decided October 6, 1987.

Rehearing Denied November 9, 1987.

District Court of Appeal of Florida · decided 1987-10-06

Key passage — most relied on by later courts

“[t]here was no marriage and therefore no legal relationship between the plaintiff and the deceased”

quoted by 1 later decision, including Watters v. Walgreen Co.

Relies on 478 So. 2d 17 - Champion v. Gray · 468 So. 2d 903 - Brown v. Cadillac Motor Car Div.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-10-06

How this case has been cited

Cited by 8 later decisions — most recently May 2008

7 state decisions

40198719902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Roger A. Bridges, Coral Gables, for appellant.

¶2James O. Nelson and Robert F. Tacher, Marlow, Shofi, Connell, DeMahy, Valerius, Abrams, Lowe & Adler, Miami, and Claudia B. Greenberg, Coral Gables, and Karen Haas, Miami, Merritt, Sikes & Craig and Marvin B. Nodel, Miami, for appellees.

¶3Before BARKDULL, NESBITT and BASKIN, JJ.

¶4PER CURIAM.

¶5The trial court dismissed an action seeking recovery for physical and emotional injury resulting from the emotional impact of witnessing an automobile accident when the plaintiff's "live in" ladyfriend was killed. We affirm.

¶6There was no marriage and therefore no legal relationship between the plaintiff and the deceased and therefore no cause of action for emotional distress. Champion v. Gray,478 So.2d 17 (Fla. 1985). Even if this legal relationship existed, the matter should have still been dismissed as there was no impact or demonstrable physical injury. Brown v. Cadillac Motor Car Division, General Motors Corp.,468 So.2d 903 (Fla. 1985).

¶7The final order of dismissal is affirmed.

¶8Affirmed.

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