ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, APPELLANT,
v.
HAROLD SIDBERRY, JR., APPELLEE
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The court held that Florida Statute § 627.7372(1) requires a jury instruction to reduce damages by collateral source payments.
Plaintiff was involved in an automobile-locomotive collision at an unmarked grade crossing. The jury awarded damages, but the defendant railway compan…
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PER CURIAM.
The St. Louis-San Francisco Railway Company (Frisco) appeals a judgment following a jury trial for damages incurred in an automobile-locomotive collision. The collision occurred at an unmarked grade crossing. Frisco raises four issues, three of which we find to be without merit.
However, we agree with appellant that § 627.7372(1), Florida Statutes (1977)1 requires a jury instruction directing a reduction in the damage award by the amount received from the collateral source.2 See Purdy v. Gulf Breeze Enterprises, Inc., 403 So. 2d 1325 (Fla.1981), rehearing denied October 19, 1981; McKee v. City of Jacksonville, 395 So. 2d 222 (Fla. 1st DCA 1981). A remittitur equal to the amount received from the collateral source is an appropriate remedy, avoiding the need for a trial on the issue of damages.
The judgment is AFFIRMED in part and REMANDED with instructions to enter a remittitur in accordance with this opinion.
BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur. . 627.7372 Collateral sources of indemnity.
(1) In any action for personal injury or wrongful death arising out of the ownership, operation, use of maintenance of a motor vehicle, the court shall admit into evidence the total amount of all collateral sources which have been paid to the claimant prior to the commencement of the trial. The court shall also admit into evidence any amount paid by the claimant to secure such collateral source.
. The section is now amended to expressly require this. Chapter 78-374, Laws of Florida.
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Cited By
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Silber v. Cn'R Indus. OF Jacksonville, Inc., 526 So. 2d 974 (Fla. 1st DCA 1988)…n Foster Co., 141 Fla. 91, 192 So. 602 (1939) (upon failure of appellee to accept remittitur for improperly assessed attorney’s fee as directed by appellate court, the judgment should stand reversed); cf. St. Louis-San Francisco Ry. Co. v. Sidberry, 406 So. 2d 82 (Fla.1st DCA 1981). In summary, the award of attorney’s fees in the amount of $18,500 is reversed and this cause is remanded to the trial court for further proceedings. Upon Cooper’s election to accept the judgment as affirmed and modified in this…
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Nationwide Mut. Fire Ins. Co. & Hubert James v. Schaefer, 421 So. 2d 48 (Fla. 4th DCA 1982)…PER CURIAM. Affirmed. See St. Louis-San Francisco Railway Company v. Sidberry, 406 So. 2d 82 (Fla. 1st DCA 1981) and Evans v. Kabbes, 407 So. 2d 260 (Fla. 2d DCA 1981). HURLEY and DELL, JJ., and DWIGHT L. GEIGER, Associate Judge, concur.…
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Miami Nat'l Bank v. Nunez, 541 So. 2d 1259 (Fla. 3d DCA 1989)…l judge to enter a remittitur of $60,000, the amount claimed below for Mr. Nunez’s expert services. This remittitur has been agreed to by the plaintiff/appellee. See Brown v. Sisto, 532 So. 2d 683 (Fla. 5th DCA 1988); St. Louis-S.F. Ry. v. Sidberry, 406 So. 2d 82 (Fla. 1st DCA 1981). Except as to the remittitur, the judgment below is affirmed.…
Authorities Cited
- John M. Purdy and his wife v. Gulf Breeze Enters., Inc., 403 So. 2d 1325 (Fla. 1981)
- Louie R. McKEE v. City OF Jacksonville, 395 So. 2d 222 (Fla. 1st DCA 1981)