Summary
In Rodriguez ex rel. Rodriguez v. Yount, 623 So.2d 618, 619 (Fla. 4th DCA 1993), the court quashed the abatement of a medical malpractice action pending resolution of a bad faith action against the insurer of an initial tortfeasor, holding that, "even if the damages were identical, there is no bar to proceed against a concurrent or subsequent [tortfeasor] where the prior judgment remains uncollected."
Summary of this case from Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co.Opinion
No. 93-1314.
September 8, 1993. Rehearings and Rehearings En Banc Denied October 7, 1993.
Petition from the Circuit Court, Palm Beach County, James T. Carlisle, J.
James C. Blecke, Miami, for petitioners.
Janis Brustares Keyser of Gay, Ramsey Lewis, P.A., West Palm Beach, for respondent-Harold A. Yount, M.D.
Paul Buschmann and Marc T. Millian of Parker, Johnson, Anderson, Goodwin, McGuire Michaud, P.A., Boca Raton, for respondent-Edward Sandall, M.D.
Jennifer S. Carroll of Metzger, Sonneborn Rutter, P.A., West Palm Beach, for respondent-Florida Patient's Compensation Fund.
The petition for writ of certiorari is granted and the order abating the cause of action is quashed. In short, there is not that commonality of parties and issues necessary in order to support the abatement of this medical malpractice action pending final appellate determination of a bad faith action against the insurance carrier of the negligent automobile driver who caused the initial injuries to appellant. See Novak v. Blum, 614 So.2d 36 (Fla. 2d DCA 1993). Although the damage issues may overlap, they are not identical. Furthermore, even if the damages were identical, there is no bar to proceed against a concurrent or subsequent tort-feasor where the prior judgment remains uncollected. See Mitchell v. Edge, 598 So.2d 125 (Fla. 2d DCA 1992).
GUNTHER, WARNER and POLEN, JJ., concur.