REYNALDO ACOSTA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Philip C. D'Angelo, M.D. v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003)
  …D AGAINST ONE TORTFEASOR IN A MEDICAL MALPRACTICE ACTION THE AMOUNT RECOVERED FROM SETTLEMENT FROM ANOTHER FOR THE SAME INCIDENT CAUSING THE INJURY WHERE THE SETTLING ALLEGED TORTFEASOR WAS NOT INCLUDED ON THE VERDICT FORM? D’Angelo v. Fitzmaurice, 832 So. 2d 135, 137 (Fla. 2d DCA 2002). For the reasons set forth below, we answer the certified question in the affirmative as to economic damages. We hold that it is appropriate to set off against the economic damages portion of an award against one tortfeasor i…
• Goble v. Frohman, 848 So. 2d 406 (Fla. 2d DCA 2003)
  …t discharged Goble’s obligation to his medical providers for treatment. As we have already noted, the medical providers are prohibited from seeking reimbursement from Goble or any third parties for the contractual discount. D’Angelo v. Fitzmaurice, 832 So. 2d 135 (Fla. 2d DCA 2002), review granted, (Fla. May 15, 2003), as relied upon by Goble, is inapposite. In that case, prior to trial, the plaintiff settled with a defendant hospital for the forgiveness of an outstanding hospital bill and cash. Id. at 136.…
• Scrima v. Hutchins, 849 So. 2d 384 (Fla. 4th DCA 2003)
  …tur or the court’s denial of the defendant’s motion for directed verdict. We also find no error in the court’s refusal to set off the settlement between the plaintiff and another defendant, which occurred prior to trial. See D’Angelo v. Fitzmaurice, 832 So. 2d 135 (Fla. 2d DCA 2002) (failure to place the co-defendant’s fault before the jury negates any entitlement to a set-off). AFFIRMED. STONE, STEVENSON and MAY, JJ., concur.…