Panama City - Bay County Airport and Industrial District v. Kellogg Brown & Root Services, Inc.,
WL 1665732 (1D12-4874, April 25, 2014). Owner and construction manager claimed and counterclaimed against each other for damages arising out of a defectively constructed storm water pond. The trial judge allowed the construction manager to disclose to the jury the fact of the owner’s settlement with a former party to the suit who testified at trial and who stood to benefit financially under the settlement agreement if the owner was successful. The appellate court reversed the judgment for the construction manager and remanded for a new trial. The court stated that Florida law is “particularly clear” and “has simply removed discretion from the trial courts to permit the disclosure of settlement agreements,” and cited sections 46.015(3) and 768.041(3), Florida Statutes, in support.
From The Florida Bar, Construction Regulation Subcommitttee Monthly Report
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 North Howard Avenue
Tampa, FL 33606