Florida District Courts of Appeal, 2000

Silvers v. Wal-Mart Stores, Inc.

Silvers v. Wal-Mart Stores, Inc.
Florida District Courts of Appeal · Decided May 17, 2000 · Dell, Farmer, Shahood
760 So. 2d 232; 2000 Fla. App. LEXIS 5791; 2000 WL 628331 (Southern Reporter, Second Series)

Silvers v. Wal-Mart Stores, Inc.

Opinion of the Court

FARMER, J.

Appellant’s complaint joining successive tortfeasors in a single action and alleging that she was unable to apportion her injuries between them stated a cause of action and was not defective for “improper join-der.” See Lawrence v. Hethcox, 283 So.2d 41 (Fla. 1973) (holding that separate trials for successive tortfeasors causing unappor-tionable damages would “enhance the difficulties of proof and tend to obstruct, rather than to promote, justice” and that it is an abuse of discretion not to permit join-der of successive tortfeasors where apportionment of damages is alleged to be impossible).

REVERSED.

DELL and SHAHOOD, JJ., concur.

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