Sullivan v. Sessions

Decision Date01 June 1955
PartiesShelley P. SULLIVAN, as Administratrix of the Estate of Martha Dona Sessions, deceased, Appellant, v. Lewis B. SESSIONS, as a Administrator of the Estate of John Cabble Sessions, Sr., deceased, Appellee.
CourtFlorida Supreme Court

A. K. Black and J. B. Hodges, Lake City, for appellant.

John E. Norris, Mayo, for appellee.

ROBERTS, Justice.

This is a companion case to Shiver v. Sessions, Fla., 80 So.2d 905, arising out of the same tragedy, that is, the murder of Martha Dona Sessions by her husband, John Cabble Sessions, Sr., followed by the suicide of the husband. The instant suit was filed by the administratrix of the estate of Martha Dona Sessions against the administrator of the estate of John Cabble Sessions, Sr., under the Survival Statute, Section 45.11, Fla.Stats.1953, F.S.A. The complaint was dismissed upon motion of the defendant, and this appeal followed.

The sole question argued here is whether an action may be maintained under the Survival Statute under the circumstances here present. For reasons hereinafter stated, we hold that it cannot be maintained.

In the companion case, Shiver v. Sessions, supra, we discussed the common-law rule respecting the husband's immunity from suit for his torts againt his wife and held that the rule could not be applied to defeat an action for the wrongful death of the wife filed by her surviving minor children against the deceased husband's estate. Our reasons for so holding, as stated therein, have no application here. There, we were concerned with a suit based on a right of action entirely distinct from that which the wife could have maintained during her lifetime, except for her disability to suit her husband; here, we are concerned with precisely the same right of action, brought 'in the name of the personal representative of the deceased,' Section 45.11, to recover 'the damages which deceased could have recovered had he lived and maintained the action.' Ake v. Birnbaum, 156 Fla. 735, 25 So.2d 213, 220. See also Ellis v. Brown, Fla. 1955, 77 So.2d 845. The wife during her lifetime would have no right of action against her husband on account of his tortious act, under the common-law rule referred to above; her personal representative simply 'stands in her shoes' and can have no greater rights than she would have had during her lifetime. The action cannot, therefore, be maintained.

Affirmed.

DREW, C. J., and TERRELL and SEBRING, JJ., concur.

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9 cases
  • Sinclair Refining Co. v. Butler
    • United States
    • Florida Supreme Court
    • October 20, 1965
    ...735, 25 So.2d 213; Epps v. Railway Express Agency, Fla. 1949, 40 So.2d 131; Ellis v. Brown, Fla. 1955, 77 So.2d 845; cf. Sullivan v. Sessions, Fla. 1955, 80 So.2d 706. As stated in Ake v. Birnbaum, supra, the damages recoverable in a survival action are only those 'which deceased could have......
  • Kluger v. White
    • United States
    • Florida Supreme Court
    • July 11, 1973
    ...171 (Fla.), cert. denied, 389 U.S. 970, 88 S.Ct. 466, 19 L.Ed.2d (1967); Shiver v. Sessions, 80 So.2d 905 (Fla.1955); Sullivan v. Sessions, 80 So.2d 706 (Fla.1955); Corren v. Corren, 47 So.2d 774 (Fla.1950).7 160 Fla. 736, 36 So.2d 419 (1948).8 Section 320.59, Florida Statutes, 1971--repeal......
  • Rozier v. Hartford Ins. Co. of the Midwest
    • United States
    • U.S. District Court — Southern District of Florida
    • December 1, 2014
    ...thte decedent during his life, see Magwood v. Tate, 832 So. 2d 1241, 1243 (Fla. Dist. Ct. App. 4th Dist. 2003) (citing Sullivan v. Sessions, 80 So. 2d 706, 707 (Fla. 1955)), Mr. Rozier's personal representative could, potentially, bring a subsequent suit against the Defendant under the Poli......
  • Tsuji v. Fleet
    • United States
    • Florida Supreme Court
    • June 29, 2023
    ...Because the petitioners seek to hold Fleet-a personal representative who "stands in [the] shoes" of Morton, Sullivan v. Sessions, 80 So.2d 706, 707 (Fla. 1955)-responsible, accountable, answerable, and chargeable for a claim that they have against Morton, they effectively seek to hold Fleet......
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