STATE FARM MUTUAL AUTOMOBILE INS. CO., APPELLANT/CROSS-APPELLEE,
v.
BRENDA GULLEDGE AND TERRY GULLEDGE, APPELLEES/CROSS-APPELLANTS
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 court held that the collateral-source setoff statute applies to awards for loss of earning capacity, not just lost wages.
[1] A collateral-source setoff statute applies to awards for loss of earning capacity, not just lost wages.
[2] Social Security disability payments received as a result of accidental injuries must be deducted from a damage award for past lost earning ability.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceState Farm appealed a judgment for uninsured motorist benefits, specifically challenging the denial of its motion to reduce the award by Social Securi…
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 Lost Wages cases and more on FLexlaw
PER CURIAM.
We affirm without comment all issues raised by appellant/cross-appellee, State Farm Mutual Automobile Insurance Co., and appellees/cross-appellants, Brenda and Terry Gulledge, in this appeal and cross-appeal from a final judgment entered in this action for uninsured motorist benefits, except that relating to the lower court’s error in denying State Farm’s motion to reduce Brenda Gulledge’s damage award for past lost earning ability by the amount of Social Security disability payments she received as a result of her accidental injuries. As to this issue, we reverse and remand the case to the trial court with directions that the amount so paid be deducted from the sum awarded.
In defending the trial court’s decision, the Gulledges contend the collateral-source setoff statute1 is inapplicable, because they claimed loss of earning capacity, not lost wages. We cannot agree. A plain reading of the statute offers no support for the distinction the Gulledges argue. In deed, they cite no case law supporting their argument.
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF, C.J., ERVIN and BENTON, JJ., concur. . Section 768.76(2)(a)(l), Florida Statutes (1997) provides in part:
(1) In any action to which this part applies in which liability is admitted or is determined by the trier of fact and in which damages are awarded to compensate the claimant for losses sustained, 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 the claimant, from all collateral sources....
(2) For purposes of this section:
(a) "Collateral sources” means any payments made to the claimant, or made on the claimant's behalf, by or pursuant to:
1. The United States Social Security Act, except Title XVIII and Title XIX; any federal, state, or local income disability act; or any other public programs providing medical expenses, disability payments, or other similar benefits....