Courtesy Schlesigner Law Offices
Under Florida law, a surviving spouse in a wrongful death case cannot sue unless the couple married before the illness that caused the death, Gdanski said. Rintoul and Caprio did not get married until 2015, days after the U.S. Supreme Court made marriage legal for same-sex couples nationwide. "One of the more dramatic and compelling parts of this case is that while it was unique in so far it was the first same-sex wrongful death trial, that was not really a big deal to the jury, because the jury saw Bryan and Ed as any other normal married couple," Gdanski said."And so, the absence of any prejudice against their same-sex relationship is what makes the verdict and the outcome extra meaningful.
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