Wednesday, January 8, 2014

3d DCA Watch -- Into Each Bunker a Little Rain Must Fall.



It's a rainy dreary day inside the bunker and you can tell by the color of the robes, which have gone all the way from gray to slightly off-gray.

On such days there is really only one thing that can cheer up the denizens -- a nice discussion of whether you can reference at trial settlement of a prior Fabre defendant.

You not only can't mention it, you can't even imply it anymore:
Here, as in Webb, Green and Loyola, the Defendants did not expressly use the words “settlement”, “release” or “dismissed by the court.” See § 768.041(3), Fla. Stat. (2012). However, the Defendants made repeated references, in testimony and argument, to the fact that Bern had sued Perez and that Perez was a prior defendant in the case, leading the jury logically and reasonably to conclude Bern had settled her claim against Perez prior to trial.
Wow -- smart jury.

Doesn't everyone feel better now?



1 comment:

  1. This has been the law for a long time, but clever lawyers keep trying to evade it and this one got caught. Judge Emas wrote a scholarly opinion which was right on the money.

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