From Casetext: Smarter Legal Research

Silvers v. Wal-Mart Stores, Inc.

District Court of Appeal of Florida, Fourth District
May 17, 2000
760 So. 2d 232 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D99-2920.

Opinion filed May 17, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. No. 99-002586 (13).

J. Scott Dunn of Sabghir Associates, P.A., Tamarac, for appellant.

Brent F. Bradley of Vernis Bowling of Northwest Florida, P.A., Pensacola, for appellee Wal-Mart Stores, Inc.


Appellant's complaint joining successive tortfeasors in a single action and alleging that she was unable to apportion her injuries between them stated a cause of action and was not defective for "improper joinder." See Lawrence v. Hethcox, 283 So.2d 41 (Fla. 1973) (holding that separate trials for successive tortfeasors causing unapportionable damages would "enhance the difficulties of proof and tend to obstruct, rather than to promote, justice" and that it is an abuse of discretion not to permit joinder of successive tortfeasors where apportionment of damages is alleged to be impossible).

REVERSED.

DELL and SHAHOOD, JJ., concur.


Summaries of

Silvers v. Wal-Mart Stores, Inc.

District Court of Appeal of Florida, Fourth District
May 17, 2000
760 So. 2d 232 (Fla. Dist. Ct. App. 2000)
Case details for

Silvers v. Wal-Mart Stores, Inc.

Case Details

Full title:RUTH SILVERS, Appellant, v. WAL-MART STORES, INC., a Delaware corporation…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 17, 2000

Citations

760 So. 2d 232 (Fla. Dist. Ct. App. 2000)

Citing Cases

Froats v. Baron

In Florida, a plaintiff who is injured in two successive accidents may bring one suit where the accidents…