A Florida woman who married a Navy veteran four months before he died of mesothelioma is a “surviving spouse” entitled to recover damages, the Florida Supreme Court has determined.

“We reject the respondent’s argument that, in these circumstances, the common law ‘marriage before injury’ rule bars recovery under section 768.21(2),” Chief Justice Carlos Muñiz wrote in the unanimous opinion.

In Ripple, etc. vs. CBS Corporation, et. al., No. SC2022-0597, the court overturned a Fourth District Court of Appeal ruling that directly conflicted with a Fifth District Court of Appeal interpretation of Florida’s wrongful death act.