Florida Litigation Guide

Contribution - Uniform Contribution Among Tortfeasors Act

[1] Elements and Case Citations

(1) Plaintiff is a tortfeasor;

(2) Plaintiff paid more than its fair share of a common liability;

(3) Defendant should have paid part of the liability borne by Plaintiff; and

(4) Plaintiff suffered damages in an amount equal to the excess share of the common liability paid by Plaintiff.

Florida’s Uniform Contribution Among Tortfeasors Act (Section 768.31, Fla. Stat.) "does not impair any right of indemnity under existing law. When one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of her or his indemnity obligation." Section 768.31(2)(f), Fla. Stat.

____________________________________

Florida State Courts

Supreme Court: Walker v. Virginia Insurance Reciprocal, 842 So. 2d 804 (Fla. 2003)

First District: State of Florida, Dept. of Transportation v. V.E. Whitehurst & Sons, Inc., 636 So. 2d 101, 105 (Fla. 1^st DCA 1994)

Second District: Attorneys’ Title Ins. Fund, Inc. v. Punta Gorda Isles, Inc., 547 So. 2d 1250, 1252 (Fla. 2^nd DCA 1989)

Third District: Mathias v. Uniroyal Goodrich Tire Co., 677 So. 2d 328, 330 (Fla. 3^rd DCA 1996)

Fourth District: Gortz v. Lytal, Reiter, et al., 769 So. 2d 484, 486-88 (Fla. 4^th DCA 2000)

Section 768.31, Fla. Stat. (Uniform Contribution Among Tortfeasors Act)

[2] Defenses to Claim for Contribution

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 60.

(2) Statute of Limitations: Generally one year after payment or entry of judgment at issue. Section 768.31(4)(c), Fla. Stat.; but see Showell Indust., Inc. v. Holmes County, 409 So. 2d 78 (Fla. 1^st DCA 1982)(statute of limitations claim against county for contribution is three years per Section 768.28(6), Fla. Stat.)

(3) The time for filing suit for contribution based on a claim for medical malpractice may be tolled by compliance with the medical malpractice statutory presuit screening requirements in chapter 766. Walker v. Virginia Insurance Reciprocal, 842 So. 2d 804, 811 (Fla. 2003)

(4) “There is no right of contribution in favor of any tortfeasor who has intentionally (willfully or wantonly) caused or contributed to the injury or wrongful death.” Section 768.31(2)(c), Fla. Stat.

(5) “A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement or in respect to any amount paid in a settlement which is in excess of what was reasonable.” Section 768.31(2)(d), Fla. Stat.