Gerhardt v. Crowe

District Court of Appeal of Florida

Gerhardt v. Crowe

118 So. 3d 1006, 2013 WL 4482465, 2013 Fla. App. LEXIS 13397

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 2013

DocketNo. 1D12-5895

StatusPublished

Cited by1 cases

This text of 118 So. 3d 1006 (Gerhardt v. Crowe) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerhardt v. Crowe, 118 So. 3d 1006, 2013 WL 4482465, 2013 Fla. App. LEXIS 13397 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

AFFIRMED. See T & S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint. & Repair, Inc., 11 So.3d 411, 413 (Fla. 2d DCA 2009) (“The jury would determine the same issues under section 768.81(3) as it would in a third-party action, and it is unlikely that [a defendant] will be required to pay more than its pro rata share of any common liability.”). See also Wells v. Tallahassee Mem’l Reg’l Med. Ctr., Inc., 659 So.2d 249, 256 (Fla.1995) (Anstead, J., specially concurring) (“Since this tortfeasor-defendant now faces a judgment based only on its ‘percentage of fault,’ it, unlike Disney in the [Walt Disney World Co. v. Wood, 515 So.2d 198 (Fla.1987) ] case, has no basis for seeking contribution from another tortfeasor who might also have contributed to the cause of the claimant’s injury.”).

LEWIS, C.J., BENTON, and MAKAR, JJ., concur.

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PER CURIAM.

AFFIRMED. See T & S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint. & Repair, Inc., 11 So.3d 411, 413 (Fla. 2d DCA 2009) (“The jury would determine the same issues under section 768.81(3) as it would in a third-party action, and it is unlikely that [a defendant] will be required to pay more than its pro rata share of any common liability.”). See also Wells v. Tallahassee Mem’l Reg’l Med. Ctr., Inc., 659 So.2d 249, 256 (Fla.1995) (Anstead, J., specially concurring) (“Since this tortfeasor-defendant now faces a judgment based only on its ‘percentage of fault,’ it, unlike Disney in the [Walt Disney World Co. v. Wood, 515 So.2d 198 (Fla.1987) ] case, has no basis for seeking contribution from another tortfeasor who might also have contributed to the cause of the claimant’s injury.”).

LEWIS, C.J., BENTON, and MAKAR, JJ., concur.

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Bluebook (online)

118 So. 3d 1006, 2013 WL 4482465, 2013 Fla. App. LEXIS 13397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerhardt-v-crowe-fladistctapp-2013.

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