Supreme Court of Florida

It is not appropriate to setoff, against the noneconomic damages portion of an award against one tortfeasor in an arbitration of a medical malpractice action, the amount recovered in settlement from another responsible for the same incident causing the injury.

Appellate Information

• Decided 02/06/2003
• Published 02/06/2003

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, LLP, West Palm Beach, FL, for Petitioner.


• For Appellees:
  
• Jennifer S. Carroll and Diane F. Medley of the Law Offices of Jennifer S. Carroll, P.A., Palm Beach Gardens, FL;  and James W. Smith of Smith & Schoder, LLP, Daytona Beach, FL, for Respondent.