contribution claim in Florida

2000Co., 65 N.C.App. 143 , 308 S.E.2d 761 (1983) (a contribution claim for personal injuries is appropriate to determine uninsured motorist insurance coverage where injury occurs in a motor vehicle not owned by the covered insured)).

2000Co., 65 N.C.App. 143 , 308 S.E.2d 761 (1983) (a contribution claim for personal injuries is appropriate to determine uninsured motorist insurance coverage where injury occurs in a motor vehicle not owned by the covered insured)).

1985Metropolitan Dade County Transit Authority v. Simmons, 375 So.2d 858 (Fla. 3d DCA 1979), cert. denied, 386 So.2d 639 (Fla. 1980).

1982Metropolitan Dade County Transit Authority v. Simmons, 375 So.2d 858 (Fla. 3d DCA 1979), cert. denied 386 So.2d 639 (Fla. 1980); Martinez v. Gonzalez, 368 So.2d 92 (Fla. 3d DCA 1979); Seaboard Coast Line Railroad Company v. Gordon, 328 So.2d 206 (Fla. 1st DCA 1976).

1983Thereafter, 3M refiled its counterclaim finding encouragement in this court's decision in Quest v. Joseph, 392 So.2d 256 (Fla. 3d DCA 1980), quashed, 414 So.2d 1063 (Fla. 1982), wherein we expressly receded from 3M Electric Corp. I and held that a contribution claim may be maintained against the parent of a minor child plaintiff.

1981Winner v. Sharp, 43 So.2d 634 (Fla. 1949); Quest, supra; 3 - M Elec.

2013See Chinos Villas, Inc. v. Bermudez, 448 So.2d 1179 (Fla. 3d DCA 1984) (reversing an order dismissing a defendant’s counterclaim against the plaintiffs/parents for the wrongful death of their child, holding that the defendant could, by counterclaim, seek contribution from the parents for their alleged negligence as contributing cause of their child’s death); Ryder Truck Lines, Inc. v. Pough, 392 So.2d 590 (Fla. 3d DCA 1981) (reversing an order dismissing a defendant’s counterclaim for contribution in an auto negligence suit filed by the injured child’s parents and reinstating the counterclaim

2013In Hudson , another drowning accident resulted in a wrongful death action that the child victim’s parents, Mr. and Mrs. Moss, instituted against Mr. and Mrs. Hudson, the owners of the pool in which the child drowned. 653 So.2d at 1072 .

2013See Chinos Villas, Inc. v. Bermudez, 448 So.2d 1179 (Fla. 3d DCA 1984) (reversing an order dismissing a defendant’s counterclaim against the plaintiffs/parents for the wrongful death of their child, holding that the defendant could, by counterclaim, seek contribution from the parents for their alleged negligence as contributing cause of their child’s death); Ryder Truck Lines, Inc. v. Pough, 392 So.2d 590 (Fla. 3d DCA 1981) (reversing an order dismissing a defendant’s counterclaim for contribution in an auto negligence suit filed by the injured child’s parents and reinstating the counterclaim

2009The right to seek contribution is statutory, and is found in section 768.31(2)(a), Florida Statutes: “Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.” In Seaboard Coast Line Railroad Co. v. Smith, 359 So.2d 427 (Fla.1978), the Florida Supreme Court held that section 440.11, Florida Statutes, “precludes an employer from being designated as a pers

2009The right to seek contribution is statutory, and is found in section 768.31(2)(a), Florida Statutes: “Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.” In Seaboard Coast Line Railroad Co. v. Smith, 359 So.2d 427 (Fla.1978), the Florida Supreme Court held that section 440.11, Florida Statutes, “precludes an employer from being designated as a pers

2007We stated, "[t]he agreement as presented subjected the nonparticipating parties to extreme prejudice which mandates reversal of the jury's verdict and a new trial." Id. at 55 .

2003Id. at 600 .

1997In Wal-Mart Stores, Inc. v. Budget Rent-A-Car, Sys., 567 So.2d 918 (Fla. 1st DCA 1990), rev. denied, 581 So.2d 163 (Fla.1991), Florida's dangerous instrumentality law was applied to a contribution claim arising out of an accident in Georgia.

1994We base this determination primarily on the obstetrician's concession of no preagreement collusion, Weddle, 586 So.2d at 494 , and the trial factors set forth above.

1993As recognized in West American Insurance Company v. Best Products Company, 541 So.2d 1302 (Fla. 4th DCA 1989), in pursuing a contribution claim under section 768.31, an insurance company stands in the shoes of its insured.

1989We construe that portion of section 768.28(6) which requires notice to be give [of] a contribution claim to apply only in cases where the claim for contribution is an independent action of a third party claim against a government agency not a party to the original tort action. 539 So.2d at 529 .

1989Fleisher v. Florida Patient’s Compensation Fund, 498 So.2d 436 (Fla. 3d DCA 1986), rev. denied, 504 So.2d 767 (Fla.1987).

1982Metropolitan Dade County Transit Authority v. Simmons, 375 So.2d 858 (Fla. 3d DCA 1979), cert. denied 386 So.2d 639 (Fla. 1980); Martinez v. Gonzalez, 368 So.2d 92 (Fla. 3d DCA 1979); Seaboard Coast Line Railroad Company v. Gordon, 328 So.2d 206 (Fla. 1st DCA 1976).

1982Metropolitan Dade County Transit Authority v. Simmons, 375 So.2d 858 (Fla. 3d DCA 1979), cert. denied 386 So.2d 639 (Fla. 1980); Martinez v. Gonzalez, 368 So.2d 92 (Fla. 3d DCA 1979); Seaboard Coast Line Railroad Company v. Gordon, 328 So.2d 206 (Fla. 1st DCA 1976).

1981Co. v. Bournazian, 342 So.2d 471 (Fla. 1977); if he or she is not insured it is unlikely that a contribution claim would be pursued.