The widow of a mesothelioma victim told the Florida Supreme Court on Wednesday that an appellate court erred when it shoehorned a requirement into the state’s Wrongful Death Act mandating that a surviving spouse be married to a victim before the victim’s injury.

In oral arguments in Tallahassee, Mathew Gutierrez, of The Ferraro Law Firm representing the plaintiff, said nothing in the statutory language of Florida’s Wrongful Death Act bars his client Jennifer Ripple from recovering damages for pain and suffering as a surviving spouse just because she married Richard Counter after his mesothelioma diagnosis.

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