Staniclas v. Bogran

Third DCA

Staniclas v. Bogran—(Per Curiam Hendon, Gordo & Lobree; 3DCA; 2/8/23).

This citation collects authorities that stand for the proposition that the default of one defendant does not establish and admission of liability against a contesting defendant even if the non-defaulting defendant’s liability was just based on a vicarious liability theory for the defaulting defendant’s negligence. Collateral estoppel does not establish the elements of the defaulting defendant’s liability because that doctrine requires that the matter be fully litigated and that there be a final decision. (NOTE: One wonders if this could be circumvented by suing the negligent party first, obtaining the default, and then suing the second defendant for vicarious liability).

Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC
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