Erickson v. Irving

16 So.3d 868 (2009)

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Nature of the Case

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Facts

Three friends, Irving (D), Long (D), and the decedent, Joseph Sindoni, Jr. went to a scotch-tasting event. Irving (D) drove them to the event. Irving (D) left with someone else but gave his car keys to Long (D), who agreed to return the car to Irving's (D) home. Long (D) and Sindoni left the event with Long (D) driving. Sindoni suggested that the two stop at a bar. After forty-five minutes at the bar, Long (D) and Sindoni left with Long (D) again driving. The car collided with a dump truck operated by Pupo in the course of his employment with Community Asphalt. Sindoni was killed and Long (D) pled guilty to DUI manslaughter. P filed suit against, among others, Long (D), Irving (D), Pupo, and Community Asphalt. Long (D) and Irving (D) pled various affirmative defenses, including Sindoni's comparative negligence, and a joint enterprise defense based on the allegation that Sindoni and Long (D) had joint control of the car. The trial court denied motions to strike the joint enterprise defense. The jury found that Long (D) and Sindoni were involved in a joint enterprise at the time of the accident. The jury assigned liability as follows Long-35%, Irving-20%, Community Asphalt-5%, Pupo-5%, and comparative negligence to Sindoni-35%. The jury awarded Sindoni's mother and father $50,000 each for past pain and suffering but no damages for future pain and suffering. P filed a motion for a new trial based in part on Long (D) and Irving's (D) joint enterprise defense. The trial court denied the motion. Because the jury found that Long (D) and Sindoni were engaged in a joint enterprise, Long's (D) percentage of fault had to be imputed to Sindoni, leaving Sindoni 70% at fault. Long (D) and Irving (D) argued that because Sindoni should be apportioned 70% of the fault, none of the defendants were jointly and severally liable for the damages. The court entered a final judgment against Long (D) in the amount of zero dollars, against Irving (D) in the amount of $27,751.50, against Pupo in the amount of $6,937.87, and against Community Asphalt in the amount of $6,937.87. P appealed.