Florida District Courts of Appeal, 2003

Scrima v. Hutchins

Scrima v. Hutchins
Florida District Courts of Appeal · Decided June 11, 2003 · Stevenson, Stone
849 So. 2d 384; 2003 Fla. App. LEXIS 8777; 2003 WL 21348337 (Southern Reporter, Second Series)

Scrima v. Hutchins

Opinion of the Court

PER CURIAM.

The defendant appeals a verdict in favor of the plaintiffs and raises three issues. We find no error in the court’s instruction on res ipsa loquitur or the court’s denial of the defendant’s motion for directed verdict. We also find no error in the court’s refusal to set off the settlement between the plaintiff and another defendant, which occurred prior to trial. See D’Angelo v. Fitzmaurice, 832 So.2d 135 (Fla. 2d DCA 2002) (failure to place the co-defendant’s fault before the jury negates any entitlement to a set-off).

AFFIRMED.

STONE, STEVENSON and MAY, JJ., concur.

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