Legal Opinion
University of Miami v. Francois
District Court of Appeal of Florida
Decided December 21, 2011No. 3D10-3201PublishedCited by 6 opinions
1Opinion of the CourtEmas, J.
The issue presented is whether the release and settlement agreement, entered into between Plaintiff and an initial tort-feasor, clearly reserved Plaintiffs cause of action against a subsequent tortfeasor. We reverse, holding that the release and settlement agreement in this case failed to do so, thereby barring Plaintiff from pursuing a claim against the subsequent tort-feasor.
FACTS
On July 24, 2006, twenty-six-year-old Caroline Francois was admitted to North Shore Medical Center (“North Shore”) to give birth to her third child. Caroline Francois’ blood pressure was severely elevated after she…
2Cases cited9 opinions
- Underwriters at Lloyds v. City of Lauderdale LakesSupreme Court of Florida · 1980
- Rucks v. PushmanDistrict Court of Appeal of Florida · 1989
- Sheen v. LyonSupreme Court of Florida · 1986
- V & M ERECTORS, INC. v. Middlesex Corp.District Court of Appeal of Florida · 2004
- Mosley v. American Medical Intern., Inc.District Court of Appeal of Florida · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Daniel v. MorrisDistrict Court of Appeal of Florida · 2015
- Paulino v. BJ's Wholesale Club, Inc.District Court of Appeal of Florida · 2013
- Otaola v. Cusano's Italian BakeryDistrict Court of Appeal of Florida · 2012
- Francois v. University of MiamiDistrict Court of Appeal of Florida · 2016
- DARLENE FREEMAN v. EDGAR D. RAMIREZ - PAGAN, M. D.District Court of Appeal of Florida · 2018
1 more not listed; retrieve them via the Exa API.