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VOLKSWAGEN OF AMERICA v. EMERSON

No. 84-358.

466 So.2d 346 (1985)

VOLKSWAGEN OF AMERICA, Inc., Appellant, v. Barry C. EMERSON, Bankers and Shippers Insurance Company, Anthony L. Travers, Fidelity and Casualty Insurance Company of New York, Manatee Trucking Company, Northeastern Fire Insurance Company, Government Employees Insurance Company, National Construction Company, Juan J. Diaz, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 15, 1985.

Attorney(s) appearing for the Case

George W. Chesrow, and Rumberger, Wechsler & Kirk, Miami, for appellant.

Larry Klein of Law Offices of Larry Klein, West Palm Beach, and Pyszka & Kessler, Fort Lauderdale, for appellees — Bankers and Shippers Ins. Co., Anthony L. Travers, Manatee Trucking Co., and Nat. Const. Co.

HERSEY, Judge.

Volkswagen of America, Inc., appeals a summary final judgment entered on its third-party complaint seeking contribution from joint tortfeasors pursuant to section 768.31, Florida Statutes, the "Uniform Contribution Among Tortfeasors Act." We reverse.

In the aftermath of a tragic two-vehicle accident causing death and personal injuries, Barry C. Emerson obtained a final judgment for damages for the death of his wife, and he and his children were...

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