CRST EXPEDITED, INC.
v.
ALFRED F. WALLACE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Evidence of settlement negotiations and who paid for vehicle repairs is inadmissible under Florida Statutes § 90.408 to prove liability in a negligence action.
[1] Evidence of settlement negotiations and compromise, including testimony regarding who paid for property damage repairs resulting from the disputed incident, is inadmissib…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.”
Statement of Florida Statutes § 90.408(2023)
CRST Expedited was sued by Alfred Wallace for personal injuries arising from an automobile negligence incident. During trial, testimony was admitted c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Compromise Negotiations cases and more on FLexlaw
Opinion filed February 12, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2074 Lower Tribunal No. 18-13850
________________
CRST Expedited, Inc.,
Appellant,
vs.
Alfred F. Wallace, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Campbell Conroy & O'Neil, P.C., and P. Brandon Perkins (Ft. Lauderdale), for appellant. The Gutierrez Firm and Jorge P. Gutierrez, Jr.; and Philip D. Parrish, P.A., and Philip D. Parrish, for appellees. Before EMAS, LOBREE and GOODEN, JJ. PER CURIAM. In this automobile negligence action for personal injuries, Appellant CRST Expedited, Inc. appeals the final judgment entered against it. It argues that the trial court abused its discretion by allowing testimony concerning the property damage settlement between the parties. Specifically, there was testimony as to who paid to fix Appellee Alfred Wallace’s vehicle. We agree. This violates section 90.408, Florida Statutes. See § 90.408, Fla. Stat. (2023) (“Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.”); Saleeby v. Rocky Elson Const., Inc., 3 So. 3d 1078, 1083 (Fla. 2009) (“The meaning of this statute is equally clear. No evidence of settlement is admissible at trial on the issue of liability.”); Holmes v. Area Glass, Inc., 117 So. 3d 492, 494-95 (Fla. 1st DCA 2013) (“In other words, disclosure of the fact of settlement or dismissal is prohibited regardless of whether it is presented to the jury through evidence or through some other means.”). As a result, we reverse and remand for a new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078 (Fla. 2009)
- Jarvis A. Holmes and Marsha Holmes v. Area Glass, Inc., 117 So. 3d 492 (Fla. 1st DCA 2013)