Fabre v. Marin

In Fabre v. Marin, 623 So.2d 1182 (Fla. 1993) the Court concluded "that section 768.81, Florida Statutes (1993) was enacted to replace joint and several liability with a system that requires each party to pay for noneconomic damages only in proportion to the percentage of fault by which that defendant contributed to the accident." Id. at 1185. The Court interpreted the term "party" to include all persons who contributed to the accident "regardless of whether they have been or could have been joined as defendants." Id.