768.041

Release or covenant not to sue.

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768.041 Release or covenant not to sue.—

(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death.

(2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.

(3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury.

History.—ss. 1, 2, 3, ch. 57-395; s. 45, ch. 67-254; s. 1158, ch. 97-102.

Note.—Former s. 54.28.

Notes of Decisions

Cited in 158 cases (14 in the last 5 years), 1968–2026 · leading case: Saleeby v. Rocky Elson Construction, Inc.

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Saleeby v. Rocky Elson Construction, Inc. (2009) fla · cites it 38× “041, Florida Statutes (2006) provides as follows: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be…”

Cornerstone SMR, Inc. v. Bank of America, N.A. (2015) fladistctapp · cites it 12× “The Florida Legislature abolished this common law rule in section 768.041, Florida Statutes (2012), which provides: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to…”

John Robert Sebo v. American Home Assurance Company, Inc. (2016) fla · cites it 4× “Saleeby held that section 768.041, Florida Statutes, which bars disclosure to the jury of settlement or dismissal of a joint tortfeasor, and section 90.”

Wells v. Tallahassee Mem. Med. Center (1995) fla · cites it 5× “§ 768.041, Fla. Stat. (1989) (emphasis added).”

Eason v. Lau (1978) fladistctapp · cites it 15× “31), known as the Uniform Contribution Among Tortfeasors Act on F.S. 768.041 (chapter 57-395 Laws of Florida).”

Hurt v. Leatherby Ins. Co. (1980) fla · cites it 4× “1975); § 768.041(1) Fla. Stat. (1977). The Uniform Contribution Among Joint Tortfeasors Act also abrogates the common law rule: "When a release .”

State Farm Mut. Auto. Ins. Co. v. Williams (2006) fladistctapp · cites it 10× “041 reads: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death. (2)…”

Ruby Saunders, etc. v. Willis Dickens, M.D. (2014) fla · cites it 4× “Pasarin entered into a settlement agreement with the Saunders and, as required by section 768.041(3), Florida Statutes (2003), the jury was not informed of the settlement.”

Nationsbank, Na v. Kpmg Peat Marwick LLP (2002) fladistctapp · cites it 12× “, persons jointly liable with the nonsettling defendant, qualify for a setoff under section 768.”

Gouty v. Schnepel (2001) fla · cites it 4× “Section 768.041, Florida Statutes (2000), provides, in pertinent part: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other…”

State Farm Fire and Casualty Co. v. Higgins (2001) fladistctapp · cites it 3× “Contained in Chapter 768 of the Florida Statutes entitled "Negligence," Section 768.041(3), Florida Statutes (2000) provides that "[t]he fact of .”

Higgins v. State Farm Fire and Cas. Co. (2004) fla · cites it 2× “The circuit court found that the remark violated section 768.041(3), Florida Statutes (1999), and granted a new trial.”

Show all 158 citing cases →

— 768.041(1) — 18 cases

Hurt v. Leatherby Ins. Co. (1980) fla “1975); § 768.041(1) Fla. Stat. (1977). The Uniform Contribution Among Joint Tortfeasors Act also abrogates the common law rule: "When a release .”

Jones v. Gulf Coast Newspapers, Inc. (1992) fladistctapp

Crosby v. Jones (1998) fla

Broz v. Rodriguez (2005) fladistctapp

JFK Medical Center, Inc. v. Price (1994) fla

— 768.041(2) — 58 cases

Cornerstone SMR, Inc. v. Bank of America, N.A. (2015) fladistctapp “The Florida Legislature abolished this common law rule in section 768.041, Florida Statutes (2012), which provides: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to…”

Escadote I Corp. v. Ocean Three Limited Partnership (2016) fladistctapp

Dionese v. City of West Palm Beach (1986) fladistctapp

Nationsbank, Na v. Kpmg Peat Marwick LLP (2002) fladistctapp “, persons jointly liable with the nonsettling defendant, qualify for a setoff under section 768.”

Gouty v. Schnepel (2001) fla “Section 768.041, Florida Statutes (2000), provides, in pertinent part: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other…”

— 768.041(3) — 32 cases

Saleeby v. Rocky Elson Construction, Inc. (2009) fla “041, Florida Statutes (2006) provides as follows: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be…”

Ruby Saunders, etc. v. Willis Dickens, M.D. (2014) fla “Pasarin entered into a settlement agreement with the Saunders and, as required by section 768.041(3), Florida Statutes (2003), the jury was not informed of the settlement.”

State Farm Mut. Auto. Ins. Co. v. Williams (2006) fladistctapp “041 reads: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death. (2)…”

State Farm Fire and Casualty Co. v. Higgins (2001) fladistctapp “Contained in Chapter 768 of the Florida Statutes entitled "Negligence," Section 768.041(3), Florida Statutes (2000) provides that "[t]he fact of .”

Higgins v. State Farm Fire and Cas. Co. (2004) fla “The circuit court found that the remark violated section 768.041(3), Florida Statutes (1999), and granted a new trial.”

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