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D'Amario v. Ford Motor Co.11/21/2001
persons who contributed to the accident "regardless of whether they have been or could have been joined as defendants." Id. However, it is not entirely clear that our holding in Fabre resolves the question presented today since Fabre involved a simple automobile accident involving joint and concurrent tortfeasors, and did not involve successive tortfeasors or enhanced or secondary injuries allegedly stemming from a manufacturing or design defect.
On the other hand, the estate and D'Amario contend that our statutory and case law support the minority view. They rely on Florida case law dealing with successor tortfeasors and analogous circumstances. After considering the majority and minority views discussed above, we conclude that the minority view is more consistent with the principles of tort law and comparative fault as presently developed in Florida.
Medical Malpractice Cases
We have searched for an appropriate analogy to help us resolve the issue. In the context of a medical neglect case, for example, courts in this state have concluded that (1) the cause of an initial injury which may require medical assistance is not ordinarily considered as a legal cause of injuries resulting from the subsequent negligence of the medical-care provider; and (2) an initial wrongdoer who causes an injury is not to be considered a joint tortfeasor with a subsequent medical provider whose negligence enhances or aggravates injuries caused by the initial wrongdoer. In other words, in cases involving medical malpractice, the cause of the underlying condition that brought the patient to the professional, whether a disease or an accident, is not to be compared to the cause of the independent enhanced injury allegedly resulting from medical neglect. See Frank M. Stuart, M.D., P.A. v. Hertz Corp., 351 So. 2d 703 (Fla. 1977). In Hertz Corp. we held:
Having finally decided the issue in favor of contribution among joint tortfeasors in Lincenberg v. Issen, 318 So. 2d 386 (Fla. 1975), the Court here finds itself faced with the question of whether to apportion the loss between initial and subsequent rather than joint or concurrent tortfeasors. This cannot be done. Id. at 706.
In Hertz Corp. we held that an initial tortfeasor, upon being sued by the injured party, could not join a medical professional in the same action and seek indemnity for damages caused by medical negligence in the treatment of the injured party.
However, this principle is to be distinguished from the principle that the initial tortfeasor may be held responsible for all subsequent injuries including those caused by medical negligence. See Hertz Corp.; see also Underwriters at Lloyds v. City of Lauderdale Lakes, 382 So. 2d 702, 703 (Fla. 1980); Association for Retarded Citizens-Volusia, Inc. v. Fletcher, 741 So. 2d 520, 524-25 (Fla. 5th DCA 1999); Dungan v. Ford, 632 So. 2d 159, 162 (Fla. 1st DCA 1994); Rucks v. Pushman, 541 So. 2d 673, 675 (Fla. 5th DCA 1989). In fact, the rule of complete liability of initial tortfeasors, if interjected into the trial of a claim for medical malpractice or secondary collisions based upon a product defect, would only serve to create additional confusion for a jury charged to resolve the secondary collision claim. See Hertz Corp., 351 So. 2d at 706.
The circumstances considered in Whitehead v. Linkous, 404 So. 2d 377 (Fla. 1st DCA 1981), further illustrate the medical malpractice analogy. In Whitehead, the plaintiff's decedent was brought to the defendant hospital after he attempted to commit suicide. While under the care of the treating doctor, Whitehead died. An expert testified that the care received by Whitehead deviated from the standard practice
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