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NATIONWIDE MUTUAL INSURANCE COMPANY v. FOUTS

No. 74-1371.

323 So.2d 593 (1975)

NATIONWIDE MUTUAL INSURANCE COMPANY and Larry McCoy Milam, Appellants, v. Ralph FOUTS, Appellee.

District Court of Appeal of Florida, Second District.

December 12, 1975.

Attorney(s) appearing for the Case

T. Rankin Terry, Jr. and Peter E. Bright of Roberts, Watson & McNeil, Fort Myers, for appellants.

John B. Cechman of Goldberg, Rubinstein & Buckley, P.A., Fort Myers, for appellee.

GRIMES, Judge.

An automobile driven by Lawless was involved in a collision with an automobile driven by Milam. Fouts, who was a passenger in the Lawless automobile, sued Milam and his insurance carrier for injuries suffered in the accident. Milam and the carrier filed a third party complaint for contribution against Lawless. Relying upon the rule then in effect which barred contribution among joint tortfeasors, the court dismissed the third party complaint with prejudice...

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