Metropolitan Dade County Transit Authority v. Simmons, s. 79-120
| Decision Date | 25 September 1979 |
| Docket Number | 79-121 and 79-587,Nos. 79-120,s. 79-120 |
| Parties | METROPOLITAN DADE COUNTY TRANSIT AUTHORITY and William B. Houston, Appellants, v. Zeter Mae SIMMONS et al., Appellees. |
| Court | Florida District Court of Appeals |
Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara and Richard A. Sherman, Miami, for appellants.
Feldman, Abramson, Smith & Magidson and John M. Abramson, Robert A. Rossano, Miami, for appellees.
Before BARKDULL and HUBBART, JJ., and RIEGLE, HORACE D. (Ret.), Associate Judge.
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...
To continue reading
Request your trial
-
Gold, Vann & White, P.A. v. DeBerry By and Through DeBerry
...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 direct......
-
Puder v. Raymond Intern. Builders, Inc.
...a mechanics' lien action and there was no evidence of bad faith in connection with the 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.......
-
Schreier v. Parker, 81-1594
...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 C......
-
Rowland Truck Equipment, Inc. v. Everwear Products, Inc., s. 84-1509
...statute [§ 768.31(5), Fla.Stat. (1983) ], this showing bars the instant contribution claim. Metropolitan Dade County Transit Authority v. Simmons, 375 So.2d 858 (Fla. 3d DCA 1979), cert. denied, 386 So.2d 639 The final summary judgment and final order of dismissal under review are affirmed ......