Insurance Co. of North America v. Edmondson

Florida District Courts of Appeal
Insurance Co. of North America v. Edmondson, 354 So. 2d 887 (1977)
1977 Fla. App. LEXIS 17294
Ervin, Melvin, Nimmons, Ralph

Insurance Co. of North America v. Edmondson

Opinion of the Court

PER CURIAM.

Appellants argue the Volusia County Hospital, which settled with the ap-pellee in exchange for a release from liability, is a joint tortfeasor, so that Section 768.041(2), Florida Statutes (1975) is applicable and requires a set-off from the jury verdict rendered against appellants the amount of the release executed to the hospital. The determination of whether two or more persons are joint wrongdoers is one of fact dependent upon circumstances of the particular case. Louisville and N. R. Company v. Allen, 67 Fla. 257, 65 So. 8 (1914); Hudson v. Weiland, 150 Fla. 523, 8 So.2d 37 (1942). The appellants have not, and cannot, point to facts reflected in this limited record showing the damages incurred by the wrongdoers cannot be apportioned. The final judgment is, therefore

AFFIRMED.

ERVIN, Acting C. J., MELVIN, J. and NIMMONS, RALPH W., Jr., Associate Judge, concur.

Reference

Full Case Name
INSURANCE COMPANY OF NORTH AMERICA and J. S. Neviaser v. Eva Dale EDMONDSON
Cited By
3 cases
Status
Published