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Florida Convalescent Centers v. Somberg2/6/2003
amages. Under the Fourth District's decision, the death of Mr. Ellis might absolve the nursing home from payment of damages, whereas if he were able to survive the mistreatment, the costs could potentially be considerable. This result does not appear to be what the Legislature intended in enacting either the Wrongful Death Act or the Nursing Home Act.
Further, the Hamilton court's assertion that the Spilman holding would create conflict with the Wrongful Death Act because it would allow multiple actions and multiple claims for damages ignores the fact that both can coexist in harmony without "double recovery" problems. This assertion, of course, ignores the plain language in chapter 400 providing that its remedies are available in addition to other remedies.
Courts are obligated "to adopt an interpretation that harmonizes two related, if conflicting, statutes while giving effect to both." Palm Harbor Special Fire Control Dist. v. Kelly, 516 So. 2d 249, 250 (Fla. 1987). To the extent that the purposes of the Wrongful Death Act and chapter 400 can potentially be at odds, courts should avoid denigrating one in favor of the other and instead give effect to both. Moreover, I am confident in a trial court's ability to prevent improper double recoveries for the same types of damages under both the Wrongful Death Act and chapter 400.
Thus, for the above reasons, I concur in the majority's decision that damages available under a section 400.023(1) action are not limited to those available under the Wrongful Death Act.
LEWIS, J., concurs.
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