HomeMy WebLinkAbout0448 j
' - ~
i
i
t 1
~ ~ -
~
. .
(4) That a special jury verdict will be utilized
i
; in the main Plaintiff's~cause as aqainst all remaining ~
~
Defendants so as to enable a jury to assess the specific !
~
percentages of fault attributable to all parties. i
E
(5) In the event that a jury shall determine that the• ~
. ~
Plaintiff is not entitled to a recovery as against . ~
any Defendant, Crossplaintiffs' Amended Crossclaim will become ~
a moot issue and subject to an Order of Dismissal. i
,
. (6) In the event that a jury should return a Plaintiff's ~
verdict solely as against ELNORA GERMAN and RESERVE INSURANCE
COMPANY, or solely as against RICHARD B. REED, SELMA REED, ~
,
and HANOVER INSURANCE COMPANY, Crossplaintiffs' Amended ;
~
Crossclaim will become a moot issue and subject to an Order
i
of Dismissal. ~
!
(7) In the event that a jury should return a Plaintiff's ~
verdict as against all remaining De~endants, the Circuit ~
- : Court Judge who presides over the case at trial shall deten!~ine i
i
the extent of any applicable contribution as between the ~
two separate sets of Defendants, in accordance with the ~
. ~
guidelines and criteria set out in F.S. 768.31 without the !
; ,
~ ~
need for a subsequent separate trial on that issue as between ~
,
i Crossplaintiffs and Crossdefendants.
~
~ (8) That no Defendant shall enter into a"Mary Carter"
f {
, type agreement with the Plaintiff, or any other type of
~ agreement designed to limit their liabilitv without first ~ ~
~ ~
~ ~
having immediately notified all parties and obtained court
~ ~
approval. This provision is in no wav designed to restrict ;
~ ; ~
~ any remaining Defendant £rom entering into a full and final ; G
~
~ settlement with the Plaintiff, but is simply designed to
~ eliminate any type of agreement between any Defendant and
~
~ the Plaintiff which would be characterized as falling within
~
€ the "Mary Carter" tyve.
~
S
S
~
C
~ ,
~1
~
~
~
~ .
p {
~ !
~
~ rt:~ ?
~3 - ~44~8 ~
~
:
,
~ -
~
~ _ _
_ ~w
~
_ _ _ _ . _ _