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Catherine Craig-Myers, Individually and as Personal Representative of the Estate of Robert Meyers, Deceased v. Otis Elevator Company, et al.

Paid petition · District Court of Appeal of Florida, First District, No. 1D2021-3838 · judgment July 7, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Do Florida trial and appellate courts violate constitutional rights to a jury trial and due process by refusing to admit into evidence culpable negligence conduct violating federal preemptive OSHA elevator safety laws that supersede less stringent conflicting state elevator safety laws which deny a jury trial in a wrongful death damages case?

  2. Does a Florida trial court deny constitutional rights to due process and jury trial by refusing to admit into evidence culpably negligent conduct violating applicable preemptive federal OSHA elevator safety laws that do conflict with less stringent Florida state elevator safety laws and which superseding federal OSHA evidence would mandate a jury trial?

  3. Does a Florida Appeals Court of last resort violate constitutional rights to a jury trial and due process by PCA “rubber stamping” a trial court’s summary dismissal of a wrongful death case by prohibiting culpable negligence conduct violating federal preemptive OSHA elevator safety laws which evidence would otherwise mandate a jury trial?

Counsel of record

For petitioner
Sidney Lewis Matthew
Sidney L. Matthew, Esq.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 03 2023
    Petition for a writ of certiorari filed. (Response due December 7, 2023)