MARK KREITZ AND JENNIE KREITZ, APPELLANTS,
v.
WALTER THOMAS, RICHARD THOMAS AND PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, APPELLEES
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The court held that admitting evidence of payments received from Workers' Compensation as a collateral source was an error.
Plaintiff sued for personal injuries and the trial court admitted evidence of payments received from Workers' Compensation.…
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PER CURIAM.
We reverse and remand this suit for personal injuries for a new trial because of the trial court error in admitting into evidence statements of payments received from Workers’ Compensation as a collateral source contrary to the provision of Florida Statute 627.7372(3) (1981). Not only was this done in violation of the statute, it was done in violation of the order entered in limine, and it was done over plaintiff’s objection.
Plaintiff claimed only a relatively small permanent injury and the jury verdict was that he had none. Thus, the issue being close, the fact that plaintiff had been paid Workers’ Compensation benefits may have indeed influenced the jury on the question of plaintiff’s damages and the degree and extent of same. It very well could have concluded that the Workers’ Compensation benefits were sufficient recompense and thereby declined to find that he had a permanent injury.
We reverse and remand upon authority of Cook v. Eney, M.D., 277 So. 2d 848 (Fla. 3d DCA 1973); Gates & Sons, Inc. v. Brock, 199 So. 2d 291 (Fla. 1st DCA 1967); and Tampa Sand and Material Company v. Johnson, 103 So. 2d 250 (Fla. 2d DCA 1958).
Reversed and remanded.
BERANEK, HERSEY and WALDEN, JJ., concur.
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SUN Bank/South Fla., N.A. v. Baker, 632 So. 2d 669 (Fla. 4th DCA 1994)…cator of legislative intent. Parker v. State, 406 So. 2d 1089, 1092 (Fla.1981). . Of course, the “reasonableness" issue must be litigated at trial without disclosing the existence of workers’ compensation coverage to the jury. See Kreitz v. Thomas, 422 So. 2d 1051 (Fla. 4th DCA 1982).…
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Gormley v. GTE Prods. Corp., 587 So. 2d 455 (Fla. 1991)…dence of payments from collateral sources, upon proper objection. Id. at 17-9—17-10. The collateral source evidentiary rule has been recognized in numerous cases, prohibiting admission of collateral sources in the liability trial. Kreitz v. Thomas, 422 So. 2d 1051 (Fla. 4th DCA 1982) (reversible error to admit evidence of workers’ compensation benefits in violation of statute); Clark v. Tampa Elec. Co., 416 So. 2d 475 (Fla. 2d DCA 1982) (reversible error to admit evidence of plaintiff’s income before and afte…1 / 2
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Citizens Prop. Ins. Corp. v. Ashe, 50 So. 3d 645 (Fla. 1st DCA 2010)…auses brought about the total destruction or “constructive total loss” of a structure is a question left for resolution by the fact-fínder. The same is true in answering whether a particular structure sustained a total loss.”). . "Kreitz v. Thomas, 422 So. 2d 1051 (Fla. 4th DCA 1982) (reversible error to admit evidence of workers’ compensation benefits in violation of statute); Clark v. Tampa Elec. Co., 416 So. 2d 475 (Fla. 2d DCA 1982) (reversible error to admit evidence of plaintiff's income before and afte…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cook v. Irving P. Eney, M.D., 277 So. 2d 848 (Fla. 3d DCA 1973)
- Gates & Sons, Inc. v. Brock, 199 So. 2d 291 (Fla. 1st DCA 1967)
- Tampa Sand & Material Co., Inc. v. Johnson, 103 So. 2d 250 (Fla. 2d DCA 1958)