TORTS: NEGLIGENCE: FAILURE TO PROVIDE SECURITY; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT FROM PRIMARY PLAINTIFF WAS AMBIGUOUS BECAUSE IT WAS UNCLEAR WHETHER IT WAS INTENDED TO RESOLVE CLAIM OF ONLY THE PRIMARY PLAINTIFF OR CLAIMS OF BOTH THE PRIMARY AND DERIVATIVE PLAINTIFFS: PLAINTIFF, WHO SERVED SEPARATE PROPOSALS FOR SETTLEMENT ON THREE DEFENDANTS, BUT ASKED THE JURY TO TREAT ALL THREE DEFENDANTS AS A SINGLE ENTITY, WAS NOT ENTITLED TO RECOVER ATTORNEY’S FEES BECAUSE THE AMOUNT RECOVERED WAS LESS THAN THE SUM OF THE THREE PROPOSALS FOR SETTLEMENT

Hilton Hotels Corporation v. Anderson, ___ So. 3d ___, 40 Fla. L. Weekly D48 (Fla. 5th DCA December 19, 2014)

A criminal attacked the plaintiff in the parking lot of a hotel. The plaintiff and his wife sued the franchisor, the franchisee, the hotel manager, and the security company, and served separate proposals for settlement on each of them. … Click To Read Full Case Law Review...