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SCHINDLER ELEVATOR CORP. v. VIERA

No. 93-1227.

644 So.2d 563 (1994)

SCHINDLER ELEVATOR CORPORATION, Appellant, v. Digna VIERA, as personal representative of the Estate of Ismael Viera, deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 23, 1994.

Attorney(s) appearing for the Case

Heinrich Gordon Batchelder Hargrove & Weihe, and Paula Revene, Fort Lauderdale, for appellant.

Spence, Payne, Masington & Needle, and A. Francisco Areces; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, and Joel D. Eaton, Miami, for appellee.

Before BASKIN, JORGENSON and GERSTEN, JJ.

PER CURIAM.

Appellant, Schindler Elevator Corporation (Schindler), appeals an adverse final judgment in this negligence action brought on behalf of Ismael Viera, the deceased. We reverse and remand for a new trial on liability because the trial court erred in denying Schindler's request to have the jury apportion the respective liability of a settling codefendant pursuant to Fabre v. Marin, 623 So.2d 1182 (Fla. 1993).

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