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Shoemaker v. Sliger, Case No. 5D12-2485 (5th DCA)

In Shoemaker, the Fifth DCA withdrew a prior per curiam opinion affirming all issues presented on appeal, and reversed based on the Florida Supreme Court’s recent opinion in Estate of McCall v. United States. Two of the issues on appeal were whether the statutory cap on wrongful death non-economic damages found in Section 766.118, Fla. Stat., is unconstitutional and whether the trial court erred in reducing the award of damages to the statutory cap required by that statute. McCall had not been rendered when the Fifth DCA first entered its per curiam opinion in this case. Given McCall, which provides that the statutory cap on wrongful death non-economic damages provided in Fla. Stat. 766.118 is unconstitutional because it violates the Equal Protection Clause of the Florida Constitution, the Fifth DCA in this case remanded with instruction to enter an amended judgment in accordance with the jury verdict without any reduction under Section 766.118.

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