11/2/22 Florida Supreme Court Oral Arguments: Samantha Elaine Tsuji, et al. v. Bart Fleet, Etc., et al. SC21-1255

Four years after suffering injuries in a car accident, Tsuji filed a lawsuit against the other driver, now deceased and represented by H. Bart Fleet, for negligence and the driver’s employer Lewis Bear Company (LBC), based on vicarious liability. At trial, Fleet and LBC argued that Florida probate law limits the filing of claims against a decedent’s estate to within two years of death. Tsuji argued that the two-year time limitation doesn’t apply because her claim seeks to recover damages from the decedent’s insurance policy, not the estate. The trial court ruled that Fleet and LBC were not liable due to the time limitation in Florida law. On appeal, the First District Court of Appeal affirmed the trial court ruling, and this appeal followed. Tsuji asks this Court for review, arguing that the First DCA decision conflicts with a decision of this Court and other appellate courts.