SUSAN MINUCCI AND NATALE MINUCCI, HER HUSBAND, APPELLANTS,

v.

UNITED PARCEL SERVICE, INC., APPELLEE

Citator

Cited By (21 total)

• Lamb v. Matetzschk, 906 So. 2d 1037 (Fla. 2005)
  …to encourage the early settlement and termination of litigation in civil cases generally.”). I also write to discuss how the considerations in this case involving a joint offer to two defendants differs from those presented by Barnes v. Kellogg Co., 846 So. 2d 568 (Fla. 2d DCA 2003), which involved a joint offer by two defendants to a single plaintiff where both defendants were jointly and severally liable for all of the plaintiffs damages. In Security Professionals, Inc. v. Segall, 685 So. 2d 1381 (Fla. 4th…

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• Cohen v. Arvin, 878 So. 2d 403 (Fla. 4th DCA 2004)
  …aised against Arvin and Ziskind and Ar-vin, P.A., are not separate causes of action. Rather the claims are based on an allegation of vicarious liability through the doctrine of respondeat superior. Arvin cites, inter alia, Barnes v. The Kellogg Co., 846 So. 2d 568 (Fla. 2d DCA 2003). In Barnes, the second district held, although normally an offer would need to be apportioned, a unified offer was permissible because the damages could not be apportioned between the two defendants. The court reasoned: There is…
• Alfred Vincent Hess, M.D. v. Noreen Walton, 898 So. 2d 1046 (Fla. 2d DCA 2005)
  …ed by the plaintiff in this multi-defendant case may not have been foreseen by the legislature when it enacted section 768.79, we affirm. We also certify a question to the supreme court in hopes that confusion generated by Barnes v. The Kellogg Co., 846 So. 2d 568 (Fla. 2d DCA 2003), and Matetzschk v. Lamb, 849 So. 2d 1141 (Fla. 5th DCA 2003), can be eliminated. I. THE AWARD OF FEES IN THIS CASE Ms. Walton sued Dr. Hess for injuries arising from surgery that he performed on March 31, 2000. Prior to surgery,…

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Authorities Cited

• Davis v. SUN First Nat'l Bank OF Orlando, 408 So. 2d 608 (Fla. 5th DCA 1981)