Case Citator › Fabre v. Marin

Fabre v. Marin

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Florida
Citation
623 So. 2d 1182
Decided
Confirmed treatments
2
Flagged citations read
65 of 65
Citing cases (total)
65
Treatment dates
1995–1999
Overruled in part
A reviewed court has overruled part of this case’s holding. Fabre v. Marin was overruled in part on its settlement-setoff explanation, while its rule allocating fault to responsible nonparties continues to be applied. The Florida Supreme Court expressly receded from Fabre's footnote 3 in Wells v. Tallahassee Memorial Regional Medical Center.
More on how this was screened

A Florida appellate court also confined Fabre to joint tortfeasors, excluding a later independent medical tortfeasor. Both confirmed treatments are listed below. All 65 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

65 later cases cite Fabre v. Marin; 65 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Fabre v. Marin?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Florida Supreme Court receded from Fabre's footnote 3 on settlement setoffs, holding that settlement proceeds do not reduce a nonsettling defendant's several share of noneconomic damages.

    Wells v. Tallahassee Memorial Regional Medical Center, Inc. · Supreme Court of Florida · filed

    We recede from footnote 3 of Fabre to the extent that it conflicts with this opinion.
    Read the full opinion on CourtListener →

Limited

  • A later independent medical tortfeasor could not be placed on the verdict form under Fabre because the court confined its rule to joint tortfeasors.

    Beverly Enterprises-Florida, Inc. v. McVey · Second District Court of Appeal of Florida · filed

    Thus, section 768.81, Florida Statutes (1993), and Fabre are limited to incidents involving joint tortfeasors. See J.R. Brooks & Son, Inc. v. Quiroz, 707 So.2d 861 (Fla. 3d DCA 1998). The V.A. Hospital is not a joint tortfeasor with Beverly, but rather is a subsequent or successive independent tortfeasor.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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