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Fla. Stat. § 768.041

Release or covenant not to sue

Known as the Florida Wrongful Death Act

The act spans §§ 768.041 to 768.81 (79 sections).

Applied in 1 court decision — leading case Kapila v. Warburg Pincus, LLC (In re Universal Health Care Group, Inc.) (2016)

Most recently applied in Kapila v. Warburg Pincus, LLC (In re Universal Health Care Group, Inc.) (May 2016)

History.--ss. 1, 2, 3, ch. 57-395; s. 45, ch. 67-254; s. 1158, ch. 97-102

(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death.

(2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.

(3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.