Supreme Court of Florida

It is appropriate to set off economic damages, from one award against one tortfeasor in a medical malpractice action, the economic damages portion of a settlement recovered from a settling tortfeasor for the same incident causing the injury, where the settling tortfeasor was not included on the verdict form.

Appellate Information

• Decided 11/26/2003
• Published 11/26/2003

Judges

• BELL, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Wendy F. Lumish, Alina Alonso, and Cristina Alonso of Carlton Fields, P.A., Miami, FL, for Florida Defense Lawyers Association, Amicus Curiae.


• For Appellees:
  
• Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Fort Lauderdale, FL, for Petitioners/Respondents., Wagner, Vaughan & McLaughlin, P.A., Tampa, FL;  and Joel D. Eaton of Podhurst Orseck, P.A., Miami, FL, for Respondents/Petitioners.