METROPOLITAN DADE COUNTY TRANSIT AUTHORITY AND WILLIAM B. HOUSTON, APPELLANTS,
v.
ZETER MAE SIMMONS ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Metropolitan Dade County Transit Authority appeals summary judgments in a personal injury case involving a bus-taxi collision. The court affirms the judgment dismissing the third-party action against Hurricane Taxi but reverses the summary judgment on liability against Dade County, finding the matter should go to a jury.
The court affirmed the summary judgment in favor of Hurricane Taxi, finding no bad faith in the settlement. However, the court reversed the summary judgment on liability against Dade County, holding that liability was a question of fact for the jury rather than appropriate for summary judgment.
[1] A settlement release, even if initially broad, can be modified to exclude parties other than the settling defendant upon a showing of mutual mistake.
[2] A party seeking to prove that a settlement was made in bad faith must demonstrate such bad faith to overcome a release.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The taxi company had been discharged from the suit by the release; the County failed to demonstrate that the settlement was made in bad faith.”
The court's rationale for affirming the judgment in favor of Hurricane Taxi on the third-party bad faith settlement claim.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceZeter Mae Simmons, a passenger in a Dade County bus, was injured in a collision with a cab owned by Hurricane Taxi, Inc. The Simmons settled with Hurr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Liability Determination cases and more on FLexlaw
PER CURIAM.
The Metropolitan Dade County Transit Authority, defendant-third party plaintiff in the personal injury action in the trial court, appeals summary final judgments entered in favor of the plaintiffs, Mr. and Mrs. Simmons, and the third party defendants, Hurricane Taxi, Inc., its driver and insurer. Zeter Mae Simmons, a passenger in a Dade County bus, was allegedly injured when the bus was involved in a collision with a cab owned by Hurricane Taxi, Inc. Simmons and her husband filed suit against Dade County and its bus driver, and against the taxi company, its driver and its insurance carrier [hereinafter collectively referred to as Hurricane].
Eventually, the Simmons settled with Hurricane for a total of $1,000.00 and gave back a release.1 The Simmons then sought settlement from Dade County in the amount of $60,000.00, but Dade County refused payment and filed a third party action against Hurricane, alleging that the prior settlement had been made in bad faith. The trial court ultimately entered two summary final judgments: one in favor of Hurricane on the third party action, and one in favor of the Simmons and against Dade County as to liability. Dade County has appealed these orders.
We affirm the trial court’s judgment in favor of Hurricane. The taxi company had been discharged from the suit by the release; the County failed to demonstrate that the settlement was made in bad faith. Florida East Coast Railway v. Thompson, 93 Fla. 30, 111 So. 525 (1927); Seaboard Coast Line Railroad v. Gordon, 328 So. 2d 206 (Fla. 1st DCA 1976); Section 768.31(5), Florida Statutes (1975).
However, we do find that the trial court erred in granting a summary judgment on the question of liability against Dade County and its bus driver. The matter should have been left to the jury. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).
Therefore, the summary judgment as to Hurricane is affirmed. The summary judgment in favor of Simmons against Dade County is reversed, and the cause is remanded to the trial court.
Affirmed in part, reversed in part with directions.
. The release was originally made in such form as would release all defendants. After Dade County set the release out as an affirmative defense, the Simmons and Hurricane claimed mutual mistake and filed a stipulation of dismissal, noting that it was the intention of all parties to the release to only release Hurricane. The release was modified in an order styled “vacating motion for summary judgment” which had been granted in favor of Dade County. The County appealed to this court, but that appeal was dismissed. Metropolitan Transit Authority v. Simmons, 353 So. 2d 696 (Fla. 3d DCA 1977).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Schreier v. Parker, 415 So. 2d 794 (Fla. 3d DCA 1982)…rovisions of Section 768.31(5), Florida Statutes (1979). Since the Martins and Allstate tendered their policy limits to Parker and obtained a release therefor, the contribution claim was barred. Metropolitan Dade County Transit Authority v. Simmons, 375 So. 2d 858 (Fla. 3d DCA 1979), cert. denied 386 So. 2d 639 (Fla.1980); Martinez v. Gonzalez, 368 So. 2d 92 (Fla. 3d DCA 1979); Seaboard Coast Line Railroad Company v. Gordon, 328 So. 2d 206 (Fla. 1st DCA 1976). We turn now to one other point which merits disc…
-
Gold, Vann & White, P.A. v. DeBERRY, 639 So. 2d 47 (Fla. 4th DCA 1994)…greement in good faith. After the pediatrician made a prima facie showing of good faith, the obstetrician bore the burden of proving that the DeBerrys and Dr. Thornton entered into the agreement in bad faith. See, e.g., Metropolitan Dade v. Simmons, 375 So. 2d 858 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 639 (Fla.1980). The trial court stated when it granted Dr. Thornton’s motion -for a directed verdict finding that it was “terribly convinced” that no evidence was presented that the “covenant not to sue”…
-
Puder v. Raymond Int'l Builders, Inc., 424 So. 2d 78 (Fla. 3d DCA 1982)…im for contribution from Raymond since Raymond had previously settled its obligations via a mechanics’ lien action and there was no evidence of bad faith in connection with the [*79] settlement, Metropolitan Dade County Transit Authority v. Simmons, 375 So. 2d 858 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 639 (Fla.1980); Seaboard Coast Line Railroad Co. v. Gordon, 328 So. 2d 206 (Fla. 1st DCA 1976); (2) the legal relationship between Puder and Raymond would not support an indemnity claim and, in addition,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Fla. E. Coast Ry. Co. v. Thompson, 93 Fla. 30 (Fla. 1927)
- Seaboard Coast Line R.R. Co. v. Gordon, 328 So. 2d 206 (Fla. 1st DCA 1976)