Final judgment against owner of vehicle in excess of limit provided in Section 324.021, Florida Statues, was error.

The plaintiff suffered serious brain injuries from a collision with a motor vehicle owned by the defendant Santos and operated by defendant Pereles. The jury rendered a verdict for the plaintiff in excess of $25 million. After post-trial set-offs, costs and consideration of the plaintiff’s comparative negligence, the trial court entered final judgment against Santos and Pereles for $12,832,837.17, providing that the plaintiff’s recovery against Santos was “[s]ubject to the limitation of [Santos’] responsibility pursuant to section 324.021(9)(b)(3), Florida Statutes (2008).” Santos argued on appeal that the judgment against him should not have exceeded $600,000, plus applicable costs and interest pursuant to section 324.021(9)(b)(3). Finding that Santos’ liability was solely vicarious and Pereles had insurance with limits less than $500,000 combined property damage and bodily injury liability, the Fifth District Court reversed, holding that final judgment against Santos should not have exceeded $600,000 plus costs and interest pursuant to section 324.021(9)(b)(3).

_{Case Law Alerts, 4^th Quarter, October 2015}

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