Andrews v. McPartland

Were I writing on a clean slate, 1 would reverse. The issue is whether a plaintiffs undifferentiated proposal for settlement that is served on two defendants, one of whose liability is undisputedly vicarious, is valid.

The facts are straightforward. George Andrews was injured in an automobile accident with Sandra McPartland. Mrs. McPartland was driving a vehicle she jointly owned with her husband, Thomas. Thomas’s liability was purely vicarious, based solely on his joint ownership of the vehicle. Andrews served an undifferentiated proposal for settlement, pursuant to section 768.79, Florida…