LIBERTY TRUCKING, INC. v. Joyner

District Court of Appeal of Florida

LIBERTY TRUCKING, INC. v. Joyner

8 So. 3d 380, 2009 Fla. App. LEXIS 1291, 2009 WL 400393

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 2009

Docket1D08-0112

StatusPublished

Cited by2 cases

This text of 8 So. 3d 380 (LIBERTY TRUCKING, INC. v. Joyner) 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.

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LIBERTY TRUCKING, INC. v. Joyner, 8 So. 3d 380, 2009 Fla. App. LEXIS 1291, 2009 WL 400393 (Fla. Ct. App. 2009).

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Opinion

BROWNING, J.

AFFIRMED. See Lamb v. Matetzschk, 906 So.2d 1037, 1044 (Fla.2005) (Pariente, C.J., concurring) (“[Wjhere the liability of one defendant is based on vicarious liability and the issue of vicarious liability is undisputed, apportionment of the offer between the active tortfeasor and the vicarious tortfeasor is problematic because the liability of both defendants is not apportioned but is coextensive.... No matter how clever a defendant or plaintiff might be in attempting to frame an offer, the reality is that there is no rational method to apportion fault.”).

KAHN and BENTON, JJ, concur.

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BROWNING, J.

AFFIRMED. See Lamb v. Matetzschk, 906 So.2d 1037, 1044 (Fla.2005) (Pariente, C.J., concurring) (“[Wjhere the liability of one defendant is based on vicarious liability and the issue of vicarious liability is undisputed, apportionment of the offer between the active tortfeasor and the vicarious tortfeasor is problematic because the liability of both defendants is not apportioned but is coextensive.... No matter how clever a defendant or plaintiff might be in attempting to frame an offer, the reality is that there is no rational method to apportion fault.”).

KAHN and BENTON, JJ, concur.

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8 So. 3d 380, 2009 Fla. App. LEXIS 1291, 2009 WL 400393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-trucking-inc-v-joyner-fladistctapp-2009.

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