Murphy v. Florida Keys Electric Cooperative Association
United States Court of Appeals for the Eleventh Circuit
329 F.3d 1311, 2003 AMC 1217 (2003)
- Written by Carolyn Strutton, JD
Facts
Raymond Ashman IV, Brendan Murphy, and Steven Murphy went out fishing late at night on a boat owned by Raymond’s father. Raymond was driving the boat, which collided with an electrical-pole abutment support structure owned by Florida Keys Electric Cooperative Association (Florida Keys) (defendant). Brendan was killed, and Steven and Raymond were injured. Brendan and Steven’s parents, the Murphys (plaintiffs) sued Florida Keys in federal court under admiralty law for the wrongful death of Brendan and for Steven’s injuries. The Murphys did not sue anyone in the Ashman family. Florida Keys filed a third-party complaint against the Ashmans, alleging that it was entitled to recover from the Ashmans if it was found liable to the Murphys. The Ashmans filed a counterclaim against Florida Keys for Raymond’s injuries. While these actions were pending, Florida Keys settled with the Murphys. This settlement did not, however, obtain a release for the Ashmans from any potential liability. After the settlement, the Ashmans moved for summary judgment on Florida Keys’ third-part claim against them, alleging that Florida Keys’ failure to obtain a release for them in the settlement barred Florida Keys from seeking contribution from them. The district court granted summary judgment, and Florida Keys appealed.
Rule of Law
Issue
Holding and Reasoning (Carnes, J.)
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