LUMBERMENS MUTUAL CASUALTY COMPANY, APPELLANT,
v.
DANIEL POLING AND MARYANNE POLING, HUSBAND AND WIFE, APPELLEES
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.
The appellate court reversed a final judgment for the plaintiff in an uninsured motorist benefits case, finding the trial court erred by excluding the plaintiff's pre-accident application for social security benefits detailing his physical limitations.
The trial court erred by excluding the plaintiff's pre-accident social security application, as its probative value in establishing his physical condition was not outweighed by undue prejudice or improper introduction of collateral source information.
[1] A trial court's discretion in admitting evidence is broad, but may be abused if the probative value of evidence is outweighed by its prejudicial effect.
[2] Statements made in an application for social security benefits are admissible to show a party's physical limitations prior to an accident, even if the application itself…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, who was seeking uninsured motorist benefits after an accident, had filed a pre-accident application for social security benefits detail…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Admissions By A Party Opponent cases and more on FLexlaw
GRIFFIN, J.
This is a consolidated appeal of a final judgment in favor of the plaintiffs/appel-lees below, Daniel Poling [“Poling”] and Mary Anne Poling, in the sum of $125,132.62 against defendant/appellant, Lumbermens Mutual Casualty Company [“Lumbermens”], for uninsured motorist benefits, attorney’s fees and costs. Although many issues are raised, we find only one error, but that error is disposi-tive. Lumbermens claims that the trial court erred by failing to admit into evidence the application for social security benefits that Poling made eight months pri'or to the accident in which he described in detail his inability to work. We agree and reverse.
On October 1, 1997, Poling was involved in a motor vehicle accident which he claimed was caused by the negligence of Richard Hayes, an uninsured driver. Poling had automobile insurance with Lum-bermens that included, uninsured motorist coverage.
Lumbermens learned through discovery that Poling had filed an application for Social Security benefits in February 1997, months before the accident, claiming a disability since May 1996. In this application, Poling explains, in his own handwriting, that he suffers from aching, stabbing, burning, cramping and throbbing pain in his spine. He said that he cannot stand or sit for more than twenty minutes a day. Further, he said that he experienced continuous pain in his feet similar to the pains felt in his spine. On his worst days, he had trouble walking, and on his best days, he could walk for twenty minutes at a time. Moreover, he experienced the same pain in his knees, making it difficult to sit up or down and causing his knees to “give out” when he was walking. This condition started at the age of fourteen when Poling was involved in an accident at school. Due to these pains, he has trouble bathing, doing yard work, grocery shopping, and engaging in recreational activities, among other things.1
In preparation for trial, Lumbermens identified the February 1997 application as an exhibit. In response, Poling filed a motion in limine seeking to exclude this document. A hearing was held on the motion, at which Lumbermens’ counsel argued that such documents were probative in establishing Poling’s condition prior to the accident. Counsel also urged that the statements were admissible as an admission of a party. The trial judge ruled that the defense would be allowed to introduce Poling’s application.
Poling again raised this issue through another motion in limine and a subsequent hearing was held. The court expressed concern that the probative value the application may have would be outweighed by the unduly prejudicial effect, primarily because it would lead to potentially inappropriate inferences about collateral sources, 1.e. that he had, as a result of the application, been awarded and was receiving social security disability payments. The court then ruled the application could be introduced to the extent that references to social security disability or application to a government entity were removed.
Poling then filed a motion2 to rehear and to reconsider this ruling. Another hearing was held3 and this time, the court entered an Order of Clarification of Past Motions, reciting that the defense could use redacted social security records to question their medical expert, but the records may not be introduced into evidence or displayed to the jury.
Poling contends the trial court was right to take these measures to prevent the inference referenced above. Poling also contends that the trial court properly excluded his pre-accident application for social security benefits because the jury was made aware of Poling’s pre-acci-dent condition through his direct testimony. Thus, the disability application would have been cumulative evidence. Poling finally claims that this issue was waived because, at trial, Poling offered to introduce the documents in question if Lumber-mens would agree that Poling could testify regarding his subsequent award of social security disability arising out of the accident.
It is well settled in Florida that the trial judge has “wide discretion in areas concerning the admission of evidence, and, unless an abuse of discretion can be shown, its rulings will not be disturbed.” San Martin v. State, 717 So. 2d 462 (Fla.1998)(citing Welty v. State, 402 So. 2d 1159, 1162-1163 (Fla.1981)); Rodriguez v. State, 327 So. 2d 903 (Fla. 3d DCA 1976). In this instance, however, we conclude the bounds of discretion were exceeded.
First, this evidence was not “merely cumulative.” Given its extent and detail and the circumstances of its making, it had a probative value well beyond Poling’s trial testimony. Second, the stated basis for the ruling — that admission of the documents in question would incorrectly admit evidence of a collateral source' — -is erroneous. Lumbermens sought to introduce the social security application for the limited purpose of showing the jury Poling’s statements made eight months prior to the accident regarding his physical limitations. The fact that these statements were made in an application for social security benefits does not introduce evidence of receipt of benefits from a collateral source. Indeed, since Poling was denied benefits pursuant to this application, there was no collateral source. Finally, we find no waiver in Lumbermens objection to Poling’s revised strategy during trial.
REVERSED and REMANDED.
SHARP, W., and PETERSON, JJ., concur. . Poling was subsequently denied benefits; however, after the accident, he amended his application with a revised onset date of October 1, 1997, and was granted $567.00 per month.
. This motion is not in the record on appeal.
. No transcript of this hearing was provided.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State Farm Fire & Cas. Co. v. Pettigrew, 884 So. 2d 191 (Fla. 2d DCA 2004)…1st DCA 1966) (holding that plaintiff was properly confronted “with her answers to questions in a deposition taken in [an earlier suit], in which she admitted [a] prior ... incident” in which she had fallen); cf. Lumbermens Mut. Cas. Co. v. Poling, 823 So. 2d 805, 806-07 (Fla. 5th DCA 2002) (holding that trial court erred in excluding from evidence “the application for social security benefits that [the plaintiff] made eight months prior to the accident [at issue] in which he described in detail his inabilit…
-
Sterling Casino Lines, L.P. v. Plowman-Render, 902 So. 2d 938 (Fla. 5th DCA 2005)…’Brien v. O’Brien, 899 So. 2d 1133 (Fla. 5th DCA 2005); LaMarr v. Lang, 796 So. 2d 1208 (Fla. 5th DCA 2001). Unless an abuse of that discretion can be shown, the trial court’s rulings will not be overturned. Lumbermens Mutual Casualty Co. v. Poling, 823 So. 2d 805 (Fla. 5th DCA 2002); LaMarr. The questions Plowman-Render’s counsel asked Gardner in his deposition concerning his alcohol-induced coma, suicide attempt, stays in a mental facility and the reason for his termination from employment with Sterling ma…
Authorities Cited
- Martin v. State, 717 So. 2d 462 (Fla. 1998)
- Welty v. State, 402 So. 2d 1159 (Fla. 1981)
- Blas U. Rodriguez v. State, 327 So. 2d 903 (Fla. 3d DCA 1976)