JUDITH C. KING F/K/A JUDITH C. HILL, APPELLANT,
v.
MARK D. BURCH AND ENTERPRISE LEASING CO. OF ORLANDO D/B/A ENTERPRISE RENT A CAR CO., APPELLEE

Fla. 1st DCA | 1999-01-22
No. 98-904
WEBSTER and LAWRENCE, JJ., Concur.
724 So. 2d 1237 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 6 cases

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Synopsis

A negligence plaintiff appealed a trial court's reduction of her jury award by deducting supplemental medical payment insurance benefits that were available for future damages. The Florida First District Court of Appeal affirmed the reduction, holding that collateral source statutes require reduction of awards by insurance benefits that are 'otherwise available' even for future damages.


Holding

The court held that supplemental medical payment benefits must be deducted from the award for future damages under section 768.76(1). The 'otherwise available' language in the statute is sufficiently broad to encompass benefits available for future damages, and such reduction is required to avoid duplication of benefits.


Headnotes

[1] A trial court must reduce a jury award by the total of all amounts paid or otherwise available to the claimant from all collateral sources, pursuant to statute.

[2] Statutory provisions for the reduction of damages by collateral source benefits apply to future damages when those benefits are otherwise available to the claimant.

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Key Quotes

“the court shall reduce the amount of such award by the total of all amounts which have been paid for the benefit of the claimant, or which are otherwise available to him, from all collateral sources”

The statutory language from section 768.76(1) that requires reduction of damages awards by collateral source benefits that are 'otherwise available,' which the court found broadly applicable to future damages

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Facts & Procedural History

Appellant King obtained a jury verdict in a negligence action arising from an automobile accident, which included awards for both past and future dama…

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Opinion of the Court
ALLEN, J.

ALLEN, J.

The appellant challenges an order by which the trial court reduced a jury award by deducting collateral source benefits under a policy of motor vehicle insurance.

We conclude that this reduction, which encompasses benefits relating to future damages, was properly made pursuant to section 768.76(1), Fla. Stat. The appellant obtained a jury verdict as the plaintiff in a negligence action for damages in connection with an automobile accident. The verdict included an assessment for past and future damages, and the parties submitted a post-verdict issue to the court regarding the extent to which a collateral source reduction should be made for benefits under the appellant’s insurance policy. The appellant acknowledged below that a reduction should be made for her personal injury protection (PIP) benefits, but maintained that a reduction should not be made for her supplemental medical payment benefits, at least as to future medical expenses.

In reiterating this argument the appellant relies on section 627.736(3), Fla. Stat., which limits recovery with regard to damages for which PIP benefits are paid or payable.

However, the present dispute does not involve PIP benefits, and is instead addressed to supplemental medical benefits above the PIP coverage required in section 627.736. The only question raised below which is now properly presented for consideration in this court is whether these supplemental benefits warrant a reduction of the award for future damages. The controlling statute is thus section 768.76, which generally provides for a reduction of the award of damages in negligence actions when there are collateral sources of indemnity. Indeed, the application of section 768.76 in this context is confirmed by the express reference therein at subsection (2)(a)2, which identifies the collateral sources within the statute as including payments pursuant to automobile accident insurance.

Section 768.76(1) provides that, when damages are awarded and there are collateral sources of indemnity,

... the court shall reduce the amount of such award by the total of all amounts which have been paid for the benefit of the claimant, or which are otherwise available to him, from all collateral sources_

Insofar as no collateral source payment has yet been made for the appellant’s future damages, the issue here must be resolved by a determination as to whether the appellant’s supplemental medical payment benefits are “otherwise available” so as to invoke the statutory reduction.

Although section 627.736 does not apply in this context, other courts have addressed an analogous dispute under that statute, and have espoused conflicting views as to whether the PIP limitation relates to future damages. Compare Pizzarelli v. Rollins, 704 So. 2d 630 (Fla. 4th DCA 1997), rev. granted, No. 92,080, — So. 2d — (Fla.1998), with Kokotis v. DeMarco, 679 So. 2d 296 (Fla. 5th DCA 1996), rev. denied, 689 So. 2d 1068 (Fla.1997); see also Allstate Ins. Co. v. Rudnick, 706 So. 2d 389 (Fla. 4th DCA 1998); Enriquez v. Clark, 692 So. 2d 941 (Fla. 5th DCA 1997).

And while section 627.736 uses different language, predicating the PIP limitation on benefits “paid or payable” rather than paid or otherwise available, in Pizzarelli and Rudnick the fourth district nevertheless suggested that, in accordance with its earlier discussion in White v. Westlund, 624 So. 2d 1148 (Fla. 4th DCA 1993), it would view the “oth erwise available” language in section 768.76(1) in the same way to thereby preclude a reduction in connection with future damages. But in Kokotis the fifth district approved a PIP limitation in connection with future damages, and suggested that the contrary approach would allow an unauthorized double recovery.

We have likewise emphasized that the apparent legislative purpose of such statutes is to avoid a duplication of benefits. See Pate v. Renfroe, 715 So. 2d 1094 (Fla. 1st DCA 1998). Furthermore, we view the “otherwise available” language in section 768.76(1) as somewhat broader than the “paid or payable” language in section 627.736(3). Given this language, and in light of the apparent statutory objective of precluding an award which duplicates the collateral source benefits which may be obtained, we conclude that the section 768.76(1) reduction in the present case was properly made against future damages. Accordingly, the order under review is affirmed.

WEBSTER and LAWRENCE, JJ., Concur.


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Citator

Cited By

  • Allstate Ins. Co. v. Bonita H. Rudnick, 761 So. 2d 289 (Fla. 2000)
    …enefits could not be set off against damages for future medical expenses that have not yet been incurred. See Rudnick, 706 So. 2d at 391. This portion of the district court’s opinion conflicts with the opinion of the First District in King v. Burch, 724 So. 2d 1237, 1238 (Fla. 1st DCA 1999), over the interpretation given to the term “otherwise available” in section 768.76(1), Florida Statutes (1993), the general collateral source statute. Specifically, the district courts are in conflict on the question of whe…
    1 / 3
  • Nat'l Union Fire Ins. Co. of Pittsburgh v. Blackmon, 754 So. 2d 840 (Fla. 1st DCA 2000)
    …urces in motor vehicle accident cases and, to avoid such duplication, a trial court must reduce a damage award by an amount “which encompasses benefits relating to future damages, ... pursuant to section 768.76(1), Fla. Stat. (1997).” King v. Burch, 724 So. 2d 1237, 1238 (Fla. 1st DCA 1999). In a subsequent decision, the Supreme Court held that a “verdict must be reduced by the amount of the remaining [collateral] benefits.” Rollins v. Pizzarelli, 24 Fla. L. Weekly S69, S70, — So. 2d -, -, 2000 WL 551032 (Fla.…

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