Thomas v. Daniel

In Thomas v. Daniel, 736 So. 2d 100 (Fla. 1st DCA 1999) the plaintiff was a passenger in a truck driven by the defendant. He was injured when the defendant lost control of the truck after striking a large rock in the road. The defendant pleaded a Fabre defense, alleging the responsibility of the nonparties who either deposited the rock in the road or failed to remove it in a timely manner. The district court affirmed the striking of the defense because the defendant never specifically identified those nonparties.