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Wal-Mart Stores, Inc. v. Strachan

Citations: 82 So. 3d 1052; 2011 Fla. App. LEXIS 16151; 2011 WL 4809329Docket: No. 4D11-2539

Court: District Court of Appeal of Florida; October 12, 2011; Florida; State Appellate Court

Narrative Opinion Summary

In this case, Wal-Mart Stores, Inc. sought a writ of certiorari to challenge a trial court's denial of its motion to compel discovery of settlement amounts paid by co-defendants in a multi-party auto accident lawsuit. The plaintiffs had reached confidential settlements with three defendants, leaving Wal-Mart as the sole defendant. Wal-Mart argued that the settlement figures were necessary to support its affirmative defense of set-off. However, the trial court denied the discovery request, citing the 2006 amendments to section 768.81 of the Florida Statutes, which removed joint and several liability for economic damages, rendering the settlement amounts irrelevant for set-off purposes. Wal-Mart contended that the denial would cause irreparable harm, referencing the Anderson case where certiorari was granted for similar discovery. The court distinguished the current case, concluding that Wal-Mart could still argue its fault percentage at trial and rectify any errors through appeal. Consequently, the court dismissed the petition, affirming that the trial court's decision did not breach essential legal standards or inflict irreparable harm on Wal-Mart. The dismissal underscores the statutory amendments' impact on the applicability of set-off defenses in tort cases.

Legal Issues Addressed

Certiorari Review in Discovery Denials

Application: Wal-Mart's petition for certiorari was dismissed because the trial court's order did not violate essential legal requirements or cause irreparable harm.

Reasoning: The petition is dismissed as Wal-Mart fails to demonstrate that the trial court's order violated essential legal requirements or caused irreparable harm.

Discovery of Settlement Amounts in Civil Litigation

Application: Wal-Mart's request for discovery of settlement amounts was denied because the court found them irrelevant under current statutory law.

Reasoning: The court ruled that, under the 2006 amendments to section 768.81 of the Florida Statutes, which eliminated joint and several liability for economic damages, a remaining defendant cannot pursue a set-off, rendering the settlement amounts irrelevant.

Irreparable Harm in Discovery Disputes

Application: The court found that Wal-Mart would not suffer irreparable harm as it could still argue its fault percentage at trial and address any errors on appeal.

Reasoning: The court concludes that Wal-Mart can still present its fault percentage at trial without the settlement amounts, and any alleged error regarding the entitlement to a set-off can be addressed in an appeal.

Set-off Defense in Tort Cases

Application: The court determined that Wal-Mart could not pursue a set-off defense due to statutory changes eliminating joint liability, thus making the settlement information unnecessary.

Reasoning: The court ruled that, under the 2006 amendments to section 768.81 of the Florida Statutes, which eliminated joint and several liability for economic damages, a remaining defendant cannot pursue a set-off, rendering the settlement amounts irrelevant.