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760 So. 2d 232

Silvers v. Wal-Mart Stores, Inc.

District Court of Appeal of Florida · decided 2000-05-17

Relies on 283 So. 2d 41 - Lawrence v. Hethcox

Decided 2000-05-17

FARMER, J.

¶1Appellant’s complaint joining successive tortfeasors in a single action and alleging that she was unable to apportion her injuries between them stated a cause of action and was not defective for “improper join-der.” See Lawrence v. Hethcox, 283 So.2d 41 (Fla.1973) (holding that separate trials for successive tortfeasors causing unappor-tionable damages would “enhance the difficulties of proof and tend to obstruct, rather than to promote, justice” and that it is an abuse of discretion not to permit join-der of successive tortfeasors where apportionment of damages is alleged to be impossible).

¶2REVERSED.

DELL and SHAHOOD, JJ., concur.
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