WINSTON TOWERS 100 ASSOCIATION, INC., APPELLANT/CROSS-APPELLEE,
v.
FRANCES DE CARLO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LOUIS DE CARLO, AND FRANCES DE CARLO, INDIVIDUALLY, APPELLEES/CROSS-APPELLANTS

Fla. 3d DCA | 1986-01-14
Nos. 85-309, 85-500
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.
481 So. 2d 1261 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 20 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

This appeal concerns a negligence action arising from a condominium resident's injury caused by a swinging closet door in a common hallway. The court affirmed the jury's verdict finding the condominium association negligent, rejected the association's argument that Medicare benefits should be admitted as evidence of damages, and upheld the trial court's cost award for expert witness services.


Holding

The court affirmed the jury's finding of negligence and the trial court's exclusion of Medicare benefits from the damages calculation. Because the plaintiff had incurred an expense or liability through payroll deductions to fund his Medicare benefits, the collateral source rule properly precluded their introduction as evidence. The court also found no abuse of discretion in the cost award for expert witness services.


Headnotes

[1] A property owner has a duty to maintain common areas, including hallways and doors, in a reasonably safe condition.

[2] A property owner breaches the duty to maintain common areas when it fails to take reasonable measures to keep a door closed after obtaining actual knowledge of its propen…

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Key Quotes

“In a situation in which the injured party incurs no expense, obligation, or liability, we see no justification for applying the rule.”

The court adopts the Illinois Supreme Court's modern interpretation of the collateral source rule, establishing that the rule does not apply when the plaintiff has incurred expense, obligation, or liability for the benefit.

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Facts & Procedural History

The plaintiff was injured when a closet door opened and struck him as he walked down the hallway from his condominium unit at Winston Towers. The defe…

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Opinion of the Court
FERGUSON, Judge.

[*1262] FERGUSON, Judge.

These appeals are brought from a judgment for damages entered on a jury verdict finding defendant negligent in a personal injury action.

Plaintiff1 was injured as a result of a closet door opening and striking him as he walked down the hall from his condominium unit at Winston Towers. In his complaint, plaintiff alleged that defendant was responsible for maintaining the hallway and closet door, as common area, in a reasonably safe condition and defendant breached that duty by failing to take reasonable measures to keep the door closed after obtaining actual knowledge that the door had a propensity to swing open. The jury’s determination on the issues of duty and proximate causation is affirmed on authority of K-Mart Enterprises of Florida, Inc. v. Keller, 439 So. 2d 283 (Fla.3d DCA 1983), rev. denied, 450 So. 2d 487 (Fla.1984); Stahl v. Metropolitan Dade County, 438 So. 2d 14 (Fla.3d DCA 1983); Crislip v. Holland, 401 So. 2d 1115 (Fla. 4th DCA), rev. denied, 411 So. 2d 380 (Fla.1981).

On the issue of damages, plaintiff filed a motion in limine to prohibit any reference to collateral source benefits paid to plaintiff by Medicare, citing as authority Florida Physician's Insurance Reciprocal v. Stanley, 452 So. 2d 514 (Fla.1984). The trial court granted the motion. On appeal, defendant contends that the court erred because in Stanley the Florida Supreme Court modified the collateral source rule to allow admission of evidence of the existence of governmental or charitable health care benefits.

In Stanley, the supreme court retreated from strict application of the collateral source rule, adopting instead the view of the Illinois Supreme Court in Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec. 444, 448, 392 N.E. 2d 1, 5 (1979):

In a situation in which the injured party incurs no expense, obligation, or liability, we see no justification for applying the rule. We refuse to join those courts which, without consideration of the facts of each case, blindly adhere to “the collateral source rule, permitting the plaintiff to exceed compensatory limits in the interest of insuring an impact upon the defendant.”

The Social Security program is funded by assessments against employers and employees. The Medicare program is funded in part by deductions from a Social Security recipient’s monthly checks. Plaintiff showed that he had, during his working years, paid for the Social Security benefits which he was receiving, and that the assessment against those benefits to pay for Medicare insurance was an obligation or liability. The trial court relied on those uncontroverted facts in concluding that the collateral source rule precluded introduction of evidence that plaintiff’s hospital costs were paid for in part by Medicare. We agree that hospital costs paid for by a Medicare program which the recipient supports by a tax against his-Social Security check are a benefit for which the recipient has incurred a liability or expense. The collateral source rule was properly applied to exclude those benefits from the jury’s consideration of damages.

On cross-appeal plaintiff contends that the award of costs for the services of its expert witness was unreasonably low. There is no clear showing that the court abused its discretion in the cost award. Warner v. Caldwell, 354 So. 2d 91 (Fla.3d DCA 1977), cert. denied, 361 So. 2d 836 (Fla.1978).

Affirmed.

. The plaintiffs are husband and wife. The wife's claim is derivative. The plaintiffs will be referred to in the singular.

Concurrence
SCHWARTZ, Chief Judge

SCHWARTZ, Chief Judge

(specially concurring in part).

I write separately only to point out that the defendant failed to demonstrate as a factual matter that De Carlo did not con tribute to the Medicare fund, as was the ease in Overton v. United States, 619 F. 2d 1299 (8th Cir.1980), upon which it relies. Hence, the court correctly concludes that the Medicare payments were from a true collateral source, to which the doctrine of Florida Physician’s Insurance Reciprocal v. Stanley, 452 So. 2d 514 (Fla.1984), does not apply.


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Citator

Cited By

  • Jeep Corp. v. Walker, 528 So. 2d 1203 (Fla. 4th DCA 1988)
    …t set off the compensatory award in the sum of $168,622 for future benefits. This was error because under the facts of this case only past benefits can be treated thus. See § 627.7372, Fla.Stat. (1985), and Winston Towers 100 Association v. DeCarlo, 481 So. 2d 1261 (Fla. 3d DCA), cause dismissed, 488 So. 2d 832 (Fla.1986). We remand for the entry of a judgment in conformity herewith. We find no reversible error in any of the other points on appeal or cross appeal. AFFIRMED IN PART; REVERSED IN PART. HERSEY,…
  • Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015)
    …ound to be inadmissible under Stanley because the benefits were partially paid for by deductions from the plaintiffs Social Security checks and therefore qualified as an expense or liability under Stanley. Winston Towers 100 Ass’n, Inc. v. De Carlo, 481 So. 2d 1261, 1262 (Fla. 3d DCA 1986). But see Velilla, 861 So. 2d at 71 (suggesting that evidence of future Medicare or Medicaid benefits may be admissible under Stanley). Indeed, until the Second District issued the decision below, no Florida court had definit…
  • Polly Weaver v. Wilson, 532 So. 2d 67 (Fla. 1st DCA 1988)
    …t of her salary during her incapacitation. Only one court has had occasion to apply Florida Physician’s Insurance Re [*69] ciprocal v. Stanley, 452 So. 2d 514 (Fla.1984), since its release in 1984. In Winston Towers 100 Association, Inc. v. DeCarlo, 481 So. 2d 1261 (Fla. 3d DCA 1986), the Third District affirmed a trial court’s ruling granting a plaintiffs motion in limine to prohibit any reference to collateral source benefits paid to the plaintiff by medicare. The holding was based on the fact that medicare…

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