Fabre Defendant

Fabre v. Marin, 623 So. 2d 1182, 1183 (Fla. 1993) established that a defendant may reduce its responsibility by the degree of negligence of a nonparty to the action. Fabre, 623 So. 2d at 1187. In order to place the nonparty on the verdict form, the defendant bears the burden of presenting evidence at trial that the nonparty’s negligence contributed to the accident. Nash v. Wells Fargo Guard Servs., Inc., 678 So. 2d 1262, 1264 (Fla. 1996). The non-party Defendant must be identified at the onset of the litigation to provide notice as to the affirmative defense, and the defense must prove fault of the non-party. T&S Enterprises Handicap Accessibility, Inc. v. Wink Indus. Maintenance & Repair, Inc., 11 So. 3d 411 (Fla. 2d DCA 2009)