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INS. CO. OF NORTH AMERICA v. EDMONDSON

No. DD-386.

354 So.2d 887 (1977)

INSURANCE COMPANY OF NORTH AMERICA and J.S. Neviaser, Appellants, v. Eva Dale EDMONDSON, Appellee.

District Court of Appeal of Florida, First District.

December 21, 1977.

Attorney(s) appearing for the Case

Monroe E. McDonald, of Sanders, McEwan, Mims & McDonald, Orlando, Richard B. Rosier, of Smalbein, Eubank, Johnson, Rosier & Bussey, Daytona Beach, for appellants.

James T. Terrell, of Brown & Terrell, Jacksonville, Edward F. Simpson, Jr., of Moore, Wood, Simpson & Korey, Ormond Beach, for appellee.

PER CURIAM.

Appellants argue the Volusia County Hospital, which settled with the appellee in exchange for a release from liability, is a joint tortfeasor, so that Section 768.041(2), Florida Statutes (1975) is applicable and requires a set-off from the jury verdict rendered against appellants the amount of the release executed to the hospital. The determination of whether two or more persons are joint wrongdoers is one of fact dependent upon circumstances of the particular...

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