Dudley v. Carroll

SHARP, Judge.

The issue in this case is whether the trial court erred in granting Allstate Insurance Company’s motion to dismiss and in denying appellants’ motion for contribution pursuant to section 768.31, Florida Statutes (1979), filed against John Carroll, Allstate’s insured. We affirm because, in this case, appellants are seeking to use a jury’s determination of Carroll’s liability as a joint tortfeasor affirmatively to bind Allstate (the real party in interest), when Allstate was not a party to the litigation which determined the issue of comparative negligence.

Ruth Carroll, a passenger…