Higley v. Florida Patient's Compensation Fund

ANSTEAD, Judge.

This is an appeal from a consent final judgment in an action for subrogation. At issue is whether the Florida Patient’s Compensation Fund is entitled to indemnification from a hospital employee or the employee’s insurance carrier when the Fund has settled a claim made against the hospital based solely upon the employee’s negligence. We affirm the trial court’s judgment holding that the Fund may recover.

This case originated in May, 1980 with a complaint filed by Marion Falk against Holy Cross Hospital and the Fund. Nurse Sue A. Higley was not a named defendant in the action, but…