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T&S Enterprises Handicap Accessibility, Inc. v. Wink Industrial Maintenance & Repair

Florida District Court of Appeal
11 So. 3d 411 (2009)

Written by Liz Nakamura, JD

Facts

T&S Enterprises Handicap Accessibility, Inc. (T&S) (plaintiff) hired Wink Industrial Maintenance and Repair (Wink) (defendant) to perform repair work. Brian Clark, Wink’s employee, was injured while performing the repair work for T&S. Clark filed a personal-injury action against T&S, arguing that he was injured because of T&S’s negligence. Clark did not name Wink as a defendant. T&S then filed a third-party complaint against Wink seeking contribution based on joint-and-several liability, arguing that Wink negligently failed to properly train, supervise, and equip Clark. T&S did not file a responsive pleading in Clark’s action alleging Wink’s comparative fault for Clark’s injuries. The trial court granted Wink’s motion to dismiss T&S’s third-party contribution complaint, holding that (1) Florida law no longer recognized joint-and-several liability for joint tortfeasors as a basis for judgment; and (2) T&S failed to state a claim for contribution because T&S, as a joint tortfeasor, could only claim contribution if T&S was required to pay more than its pro-rata share of a common liability. T&S appealed.

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Holding and Reasoning (Dakan, J.)

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