Torts -- Settlement -- Contribution -- Error to grant summary judgment in favor of third-party defendant based on finding that settling tortfeasor could not seek contribution for personal injury settlement from third party because third party was not included in definition of “Defendants” in general release signed as part of settlement -- Language in general release was ambiguous, and parties' intent was a material issue of fact which precluded summary judgment, where release first defined defendants as “ny and all other persons, firms, corporations and legal entities of any type whatsoever” and then stated that plaintiffs would cooperate with the “DEFENDANTS' ” efforts to seek contribution from third party     33 Fla. L. Weekly D1361a

Torts -- Sovereign immunity -- Department of Corrections -- Indigent prisoner's action alleging correctional officer at state prison wantonly, maliciously, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, withheld blankets, bed sheets, and clean clothing for four and a half months, causing prisoner injury and illness -- Trial court properly dismissed first amended complaint with prejudice as to DOC -- Sovereign immunity bars claim against DOC because amended complaint alleged that correctional officer acted in bad faith -- Trial court erred in dismissing claims against correctional officer -- Officer was not immune from suit where amended complaint alleged that officer wantonly or maliciously chose to breach a common law duty of reasonable care posing unreasonable risk of, and actually causing, physical harm -- No merit to DOC's argument that dismissal should be affirmed, under tipsy coachman rule, on alternative basis that prisoner had not yet effected service of process on officer -- Statute calls for court review before any judicial proceeding is initiated by indigent prisoner, trial court conducted its review before authorizing service of process, and, in screening complaint, trial court reached partially erroneous conclusion on account of which it did not order service of process to which the plaintiff was presumably entitled -- Trial court's decision that indigent prisoner's complaint does not pass muster is subject to appellate review
33 Fla. L. Weekly D1348a     Courtesy of Florida Law Weekly       Subscriptions (800) 351-0917