Walker v. Beech Aircraft Corp., No. 74-1652

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore BARKDULL; HENDRY
Citation320 So.2d 418
PartiesSusan WALKER, as Widow of Charles M. Walker, Deceased, Appellant, v. BEECH AIRCRAFT CORPORATION, a Foreign Corporation, et al., Appellees.
Decision Date14 October 1975
Docket NumberNo. 74-1652

Page 418

320 So.2d 418
Susan WALKER, as Widow of Charles M. Walker, Deceased, Appellant,
v.
BEECH AIRCRAFT CORPORATION, a Foreign Corporation, et al., Appellees.
No. 74-1652.
District Court of Appeal of Florida, Third District.
Oct. 14, 1975.
Rehearing Denied Nov. 3, 1975.

Page 419

Carl H. Hoffman, Miami, for appellant.

Walton, Lantaff, Schroeder, Carson & Wahl and Calvin F. David and Richard J. Thornton, Miami, for appellees.

Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.

HENDRY, Judge.

Appellant, plaintiff and cross-plaintiff in the trial court, brings this appeal from an adverse summary final judgment in which the trial court held that a wrongful death claim brought by her, as widow of the decedent, was barred by the two year statute of limitations.

Appellant's basic contention on appeal is that her wrongful death claim brought pursuant to § 768.01, Fla.Stat., F.S.A., is not barred by the two year statute of limitations on such actions set forth in § 95.11(6), Fla.Stat., F.S.A. As grounds for her contention, appellant submits that her claim was not barred because the statute of limitations did not begin to run until she discovered or should have discovered the engineering defect which gave rise to her cause of action against appellee, Beech Aircraft Corporation, and that Beech waived the statute of limitations by filing an indemnity cross claim against her. This latter ground, for purposes of this appeal, was abandoned based upon this Court's ruling in the case of Horace Mann Insurance Co. v. DeMirza, Fla.App.1975, 312 So.2d 501, decided subsequent to the date this appeal was filed.

Appellees contend that the trial court did not err in entering its summary final judgment and holding as a matter of law that appellant's cause of action was barred by the statute of limitations.

On January 18, 1970, Elliot M. Griffin, J. Paul Keen, Robert Fitton, and Charles M. Walker, appellant's husband, were all killed when the aircraft, manufactured by Beech, in which they were flying crashed into the ground. At the time of the crash, Walker was pilot of the aircraft. Timely complaints were filed pursuant to the wrongful death statute, §§ 768.01-768.04, Fla.Stat., F.S.A., against Beech on behalf of all persons having the right to sue, with the sole exception of appellant.

Prior to these suits being filed, appellant retained counsel for the express purpose of filing a complaint against Beech. However, based upon her counsel's evaluation of...

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21 practice notes
  • Trimper v. Porter-Hayden, PORTER-HAYDEN
    • United States
    • Court of Appeals of Maryland
    • 1 September 1985
    ...a way that is causally linked to asbestos, or upon the date of death--whichever is earlier. [Id. at 52.] Walker v. Beech Aircraft Corp., 320 So.2d 418 (Fla.Dist.Ct.App.1975) was an airplane crash case governed by a Florida statute which required a wrongful death action to be commenced "with......
  • Praznik v. Sport Aero, Inc., No. 61784
    • United States
    • United States Appellate Court of Illinois
    • 21 September 1976
    ...no known or ascertainable cause from which decedents' deaths should have been ascertained. Walker v. Beech Aircraft Corp. (Fla.App.1975), 320 So.2d 418 held a wrongful death claim was barred by a statute of limitation where the fact of decedent's death and the circumstances surrounding that......
  • Miles v. Ashland Chemical Co., No. S91Q0739
    • United States
    • Supreme Court of Georgia
    • 15 November 1991
    ...have already lapsed. Burns v. Brickle, 106 Ga.App. 150, 153, 126 S.E.2d 633 (1962). 3 As has Florida, in Walker v. Beech Aircraft Corp., 320 So.2d 418 (Fla.App.1975) and Pennsylvania, in Pastierik v. Duquesne Light Co., 514 Pa. 517, 526 A.2d 323, 325 4 As was said in Pastierik v. Duquesne L......
  • Tennimon v. Bell Helicopter Textron, Inc., No. 86-1909
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 7 July 1987
    ...discovery rule in wrongful death cases to the plaintiff's discovery of the cause of action. See, e.g., Walker v. Beech Aircraft Corp., 320 So.2d 418, 420 (Fla. 3d DCA 1975), cert. dismissed, 338 So.2d 843 (Fla.1976). Similarly, it is the Kentucky rule that limitations in wrongful death case......
  • Request a trial to view additional results
21 cases
  • Trimper v. Porter-Hayden, PORTER-HAYDEN
    • United States
    • Court of Appeals of Maryland
    • 1 September 1985
    ...a way that is causally linked to asbestos, or upon the date of death--whichever is earlier. [Id. at 52.] Walker v. Beech Aircraft Corp., 320 So.2d 418 (Fla.Dist.Ct.App.1975) was an airplane crash case governed by a Florida statute which required a wrongful death action to be commenced "with......
  • Praznik v. Sport Aero, Inc., No. 61784
    • United States
    • United States Appellate Court of Illinois
    • 21 September 1976
    ...no known or ascertainable cause from which decedents' deaths should have been ascertained. Walker v. Beech Aircraft Corp. (Fla.App.1975), 320 So.2d 418 held a wrongful death claim was barred by a statute of limitation where the fact of decedent's death and the circumstances surrounding that......
  • Miles v. Ashland Chemical Co., No. S91Q0739
    • United States
    • Supreme Court of Georgia
    • 15 November 1991
    ...have already lapsed. Burns v. Brickle, 106 Ga.App. 150, 153, 126 S.E.2d 633 (1962). 3 As has Florida, in Walker v. Beech Aircraft Corp., 320 So.2d 418 (Fla.App.1975) and Pennsylvania, in Pastierik v. Duquesne Light Co., 514 Pa. 517, 526 A.2d 323, 325 4 As was said in Pastierik v. Duquesne L......
  • Tennimon v. Bell Helicopter Textron, Inc., No. 86-1909
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 7 July 1987
    ...discovery rule in wrongful death cases to the plaintiff's discovery of the cause of action. See, e.g., Walker v. Beech Aircraft Corp., 320 So.2d 418, 420 (Fla. 3d DCA 1975), cert. dismissed, 338 So.2d 843 (Fla.1976). Similarly, it is the Kentucky rule that limitations in wrongful death case......
  • Request a trial to view additional results

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