Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Erickson v. Irving

Florida Court of Appeals
16 So.3d 868 (2009)


Three friends, Robert Irving (defendant), David Long (defendant), and Joseph Sindoni, Jr., attended a scotch-tasting event. Irving drove the friends to the event, but he decided to leave with someone else. Irving gave his keys to Long, who agreed to return the car later. Long asked Sindoni if Sindoni wanted to drive, but Sindoni refused. Long and Sindoni left and drove to another bar. After about 45 minutes, Long and Sindoni left the bar, with Long driving again. The car collided with a dump truck operated by Abelardo Pupo (defendant) and owned by Community Asphalt (defendant). Sindoni was killed in the crash. Long pleaded guilty to DUI manslaughter. Diane Erickson (plaintiff) sued Irving, Long, Pupo, and Community Asphalt, as personal representative of Sindoni’s estate. Long and Irving raised the defenses of comparative negligence and joint enterprise. The trial court denied Erickson’s request to strike the defense of joint enterprise and instructed the jury on the defense. The jury allocated liability to Pupo at 5 percent, Community Asphalt at 5 percent, Irving at 20 percent, Long at 35 percent, and Sindoni at 35 percent. The trial court determined that the joint enterprise doctrine required Long’s negligence to be imputed to Sindoni. The trial court then awarded judgment to Erickson for zero dollars against Long, approximately $7,000 to Pupo and Community Asphalt each, and approximately $28,000 to Irving. Erickson appealed.

Rule of Law


Holding and Reasoning (Lagoa, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 487,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 487,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial