RICHARD JEDLICKA, APPELLANT,
v.
RUTH PROCTOR AND NORMAN PROCTOR, APPELLEES
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BLUE, Judge.
Richard Jedlicka appeals the final judgment in his action for damages arising out of an automobile accident. Jedlicka presents four issues on appeal. We find merit only on Jedlicka’s claim that the trial court erred in reducing his damage award because of his failure to obtain the statutorily required personal injury protection. We recognize conflict exists between the Second and Fourth Districts on this question; however, we conclude that the precedent of this court supports Jedlicka in his contention. Thus, we reverse on this issue.
The reversible issue is controlled by Reynolds v. Life Insurance Co. of Virginia, 399 So. 2d 519 (Fla. 2d DCA 1981), and Ward v. Nationwide Mutual Fire Insurance Co., 364 So. 2d 73 (Fla. 2d DCA 1978), which hold that it is error to reduce a plaintiffs damage award because of his or her failure to obtain the statutorily required personal injury protection. Therefore, we reverse on this point and remand for entry of a corrected final judgment. In so doing, we certify conflict with Holt v. King, 707 So. 2d 1141 (Fla. 4th DCA 1998).
Affirmed in part; reversed and remanded in part; conflict certified.
CAMPBELL, A.C.J., and FULMER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cases v. Gray, 894 So. 2d 268 (Fla. 3d DCA 2004)…IP setoff is required and therefore reverse the judgment below for further consistent proceedings. Conflict is certified with Stephens v. Renard, 487 So. 2d 1079 (Fla. 5th DCA 1986), review denied, 494 So. 2d 1152 (Fla.1986) and Jedlicka v. Proctor, 724 So. 2d 668 (Fla. 2d DCA 1999). Reversed and remanded.…
Authorities Cited
- Ward v. Nationwide Mut. Fire Ins. Co., 364 So. 2d 73 (Fla. 2d DCA 1978)
- Ricardo v. State, 707 So. 2d 1141 (Fla. 4th DCA 1998)
- Reynolds v. The Life Ins. Co. OF Va., 399 So. 2d 519 (Fla. 2d DCA 1981)