Ruble v. Rinker Material Corp.

Plaintiff, individually and in her capacity as the personal representative of the estate of Lance Ruble, sought to amend the original complaint filed in this action before Respondents served an answer to that complaint. The trial court dismissed Plaintiff's amended complaint, and the court of appeal affirmed. The Supreme Court reversed based on its holding in Capone v. Phillip Morris USA, Inc. (Capone II) and Boca Burger, Inc. v. Forum, holding (1) when an injured Plaintiff in a personal injury action dies, the personal representative of the decedent's estate is not required to file a separate wrongful death action but may be added as a party to the pending action and thus may file an amended pleading that alleges new claims and causes of action; and (2) the right of a plaintiff under Fla. R. Civ. P. 1.190(a) to amend a complaint once before the service of a responsive pleading is absolute, and a trial court has no discretion to deny that amendment. Remanded. View "Ruble v. Rinker Material Corp." on Justia Law