CARIDAD GONZALEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RAUL GONZALEZ, APPELLANT,
v.
ANGEL VELOSO, M.D., AND ANGEL VELOSO, M.D., P.A., APPELLEE

Fla. 3d DCA | 1997-12-24
No. 96-1194
Before LEVY, GERSTEN and GREEN, JJ.
702 So. 2d 1366 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 4 cases
Topics
Apportionment Of Damages Burden Of Proof

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Opinion of the Court
PER CURIAM.

On Motion for Rehearing

PER CURIAM.

Upon consideration of appellee’s motion for rehearing we withdraw this Court’s previous opinion and substitute the following opinion:

Appellant, Caridad Gonzalez (“Caridad”), appeals a final judgment claiming the trial court erred in allowing a settling co-defendant’s name to be placed on the jury verdict form for apportionment of damages. We reverse.

Simply, the appellee-defendant, Dr. Veloso (“Veloso”), had the burden of presenting evidence at trial that the nonparty settling co-defendant’s fault contributed to the accident in order to include the nonparty’s name on the jury verdict. See Nash v. Wells Fargo Guard Services, Inc., 678 So. 2d 1262 (Fla. 1996). Veloso failed to satisfy his burden of presenting competent substantial evidence to establish the fault of the nonparty settling co-defendant. Accordingly, the final judgment apportioning the nonparty’s negligence is reversed and the trial court is directed to enter judgment for Caridad against Veloso in the aggregate full amount. See Nash v. Wells Fargo Guard Services, Inc., 678 So. 2d at 1262.

Reversed and remanded with directions.

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Citator

Cited By

  • Gonzalez v. Angel Veloso, M.D., 731 So. 2d 63 (Fla. 3d DCA 1999)
    …ey’s fees under the offer of judgment statute, section 768.79, Florida Statutes (1997),1 for the trial and appellate services of her counsel in the medical malpractice action for the wrongful death of her husband we considered in Gonzalez v. Veloso, 702 So. 2d 1366 (Fla. 3d DCA 1997) and Veloso v. Gonzalez, 718 So. 2d 325 (Fla. 3d DCA [*64] 1998). She challenges the lower court’s rulings that rejected her claim to a multiplier and denied expert witness fees for the attorneys who testified on her behalf at the…
  • Angel Veloso, M.D. v. Gonzalez, 718 So. 2d 325 (Fla. 3d DCA 1998)
    …PER CURIAM. It is our view that the question presented on this appeal was determined adversely to the appellants in the prior appeal, see Gonzalez v. Veloso, 702 So. 2d 1366 (Fla. 3d DCA 1997), and accordingly we affirm the judgment under the doctrine of the law of the case. See Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310, 1311 (Fla. 3d DCA 1987).…

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