Legal Question in Civil Litigation in Florida

Can he sue me after he accepted a settlement?

My neighbor sued me last year for damage he states a fruit tree in my yard caused to a tree in his yard. My homeowner's insurance settled this lawsuit with him and he was given a monetary settlement. He and his wife signed the forms releasing the case due to the settlement. Now today I got a new lawsuit served on me from the neighbor, stating my tree is again causing damage. The release he signed for the settlement states that I am FOREVER relased from any damage on the claim. Can this man still be suing me under a lawsuit that has already made the same accusations and been settled?


Asked on 7/02/03, 12:17 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can he sue me after he accepted a settlement?

If the damage is the same the answer is no. If it is something new, yes he can since it would be considered a new incident.

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Answered on 7/02/03, 7:08 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Can he sue me after he accepted a settlement?

It is likely that the general release discharged any and all claims arising through the date the general release was signed, but it did not cover new causes of action that may arise after the date of the release. General releases generally do not cover claims that may arise in the future for obvious reasons. You should make certain that your homeowner's insurance carrier receives a copy of the lawsuit as soon as possible to ensure that your interests are protected by the carrier.

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Answered on 7/02/03, 11:04 am


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