No. 23-482

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

Lower Court: Florida
Docketed: 2023-11-07
Status: Denied
Type: Paid
Tags: civil-rights constitutional-rights due-process elevator-safety jury-trial osha osha-safety-laws preemption wrongful-death
Key Terms:
Arbitration ERISA DueProcess Securities Patent JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Do Florida courts violate constitutional rights to jury trial and due process by refusing to admit evidence of culpable negligence violating preemptive federal OSHA elevator safety laws?

Question Presented (OCR Extract)

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?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-11-03
Petition for a writ of certiorari filed. (Response due December 7, 2023)

Attorneys

Catherine Craig-Myers Individually and as Personal Representative of the Estate of Robert Myers
Sidney Lewis MatthewSidney L. Matthew, Esq., Petitioner
Sidney Lewis MatthewSidney L. Matthew, Esq., Petitioner