Legal Opinion

Insurance Co. of North America v. Edmondson

District Court of Appeal of Florida

Decided December 21, 1977No. DD-386PublishedCited by 3 opinions

1Per curiam

Appellants argue the Volusia County Hospital, which settled with the ap-pellee in exchange for a release from liability, is a joint tortfeasor, so that Section 768.041(2), Florida Statutes (1975) is applicable and requires a set-off from the jury verdict rendered against appellants the amount of the release executed to the hospital. The determination of whether two or more persons are joint wrongdoers is one of fact dependent upon circumstances of the particular case. Louisville and N. R. Company v. Allen, 67 Fla. 257, 65 So. 8 (1914); Hudson v. Weiland, 150 Fla. 523, 8 So.2d 37 (1942). The…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. AllenSupreme Court of Florida · 1914
  2. Hudson, Et Vir v. WeilandSupreme Court of Florida · 1942

3Cited by3 opinions

  1. Lapidus v. Citizens Federal Savings & Loan Ass'nDistrict Court of Appeal of Florida · 1980
  2. Erp Operating Ltd. Partnership v. SuperdockDistrict Court of Appeal of Florida · 2002
  3. Lopez-Gomez v. DiazDistrict Court of Appeal of Florida · 1981

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