ROBERT BRENT EVANS AND INDUSTRIAL FIRE AND CASUALTY INSURANCE COMPANY, APPELLANTS,
v.
JOHN KABBES, APPELLEE
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The trial court erred in granting a motion in limine based on the unconstitutionality of collateral source statutes, as those statutes have been upheld.
Appellant sued appellee for personal injuries. The trial court granted appellee's motion in limine, barring evidence of collateral source benefits bas…
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OTT, Judge.
In this personal injury action the trial court granted appellee’s motion in limine and ordered appellant not to present evidence, inquire of any witness or argue to the jury concerning any benefits appellee received from collateral sources as a result of his injuries. The basis of appellee’s motion and the court’s order was that sections 627.736(3) and 627.7372, Florida Statutes, are unconstitutional.
The Florida Supreme Court has now held those statutes constitutional. Purdy v. Gulf Breeze Enterprises, Inc., 403 So. 2d 1325 (Fla.1981). The opinion in that case considers and rejects the various arguments and theories upon which appellee based his motion in the instant case.
The order of the trial court was therefore error, and normally that would necessitate a new trial. In this particular matter, however, we can discern no prejudice to appellant in ordering the judgment set aside and remanding the case to the court below with instructions to hold an evidentiary hearing to determine the amount of any collateral source benefits received by appellee and to then enter a judgment for the proper net amount, in accordance with the statutes.
It is so ordered.
SCHEB, C. J., and BOARDMAN, J., concur.
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Cited By
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Molyett v. Soc'y Nat'l Life Ins. Co., 452 So. 2d 1114 (Fla. 2d DCA 1984)…re eliminated by section 627.7372, Florida Statutes (1977). See also Purdy v. Gulf Breeze Enterprises, Inc., 403 So. 2d 1325 (Fla.1981) (upholding the constitutionality of sections 627.736 and 627.7372, Florida Statutes (1981)), and Evans v. Kabbes, 407 So. 2d 260, 261 (Fla. 2d DCA 1981). Section 627.7372, which came into effect in 1977, requires the trial court to admit into evidence any collateral source payment made to the plaintiff prior to trial. The jury is then instructed to deduct from the verdict th…
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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.…
Authorities Cited
- John M. Purdy and his wife v. Gulf Breeze Enters., Inc., 403 So. 2d 1325 (Fla. 1981)