Wal-Mart Stores, Inc. v. Nicolette Strachan, Continental Tire the Americas, LLC, Ford Motor Company, and Al Packer Ford West, Inc., 36 Fla. L. Wkly D2262a (Fla. 4th DCA. Oct. 12, 2011)

In this auto accident case, Wal-Mart, the installer of an allegedly defective tire, sought discovery of settlement amounts paid by several co-defendants, including the car manufacturer, the tire manufacturer and the car dealer.  Wal-Mart claimed that this discovery was necessary to prove its set-off defense of the total amount paid by the other defendants.  The trial court denied Wal-Mart’s motion to compel on the basis that the discovery was not reasonably calculated to lead to the discovery of admissible evidence.  The appellate court affirmed, holding in part that Fla. Stat. § 768.81 abolished joint and several liability and therefore the settlement amounts could not be irrelevant.

Wal-Mart Stores, Inc. v. Nicolette Strachan, Continental Tire the Americas, LLC, Ford Motor Company, and Al Packer Ford West, Inc., 36 Fla. L. Wkly D2262a (Fla. 4th DCA. Oct. 12, 2011)