the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be hable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony. § 768.19. We see nothing in this section that requires the filing of a new complaint and forecloses the amendment of an existing complaint. The Third District followed Capone in Ruble v. Rinker Material Corp., 59 So.3d 137 (Fla. 3d DCA 2011). The Middle District of Florida has disagreed with those cases based on its prediction of how our supreme court would decide the issue. Starling v. R.J. Reynolds Tobacco Co., 845 F.Supp.2d 1215 (M.D.Fla.2011) (<HOLDING>). The Florida Supreme Court has accepted review
holding 10year statute of repose violated state constitutional right to remedy in personal injury and wrongful death suits recognizing cause of action for wrongful death holding a wrongful death action may not be maintained for the death of an unborn child holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute holding that personal representative may amend personal injury suit to state wrongful death claim following plaintiffs death