SHIRLEY STICKNEY, AS EXECUTRIX OF THE ESTATE OF DAVID F. STICKNEY, DECEASED, PETITIONER,

v.

E. R. SQUIBB & SONS, INC., A DELAWARE CORPORATION, RESPONDENT

Citator

Cited By (12 total)

• Gormley v. GTE Prods. Corp., 587 So. 2d 455 (Fla. 1991)
  …jury found no liability, and, therefore, the improper evidence could not have infected the jury’s liability determination. The district court declined to apply its own precedent, announced in Cook v. Eney, 277 So. 2d 848 (Fla.3d DCA), cert. denied, 285 So. 2d 414 (Fla.1973), that admission of evidence of a collateral source to reduce damages is reversible error precisely because it prejudices the jury’s determination of liability. The collateral source rule functions as both a rule of damages and a rule of…
• Rease v. Anheuser-Busch, Inc., 644 So. 2d 1383 (Fla. 1st DCA 1994)
  …ishable from those wherein the evidence was held to be immaterial and misleading and a subversion of the jury process. See, e.g., Gormley v. GTE Products Corp., 587 So. 2d 455 (Fla.1991); and Cook v. Eney, 277 So. 2d 848 (Fla. 3d DCA), cert. denied, 285 So. 2d 414 (Fla.1973). Thus, the trial court did not err in admitting this evidence and in overruling Rease’s objections to defense comments to the jury regarding her income and receipt of workers’ compensation benefits. Further, the trial court did not err in…

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• Parker v. Hoppock, 695 So. 2d 424 (Fla. 4th DCA 1997)
  …in your pocket; that’s another question, okay? If he decides to take government benefits and not work, that’s his choice, but it’s not as a result of injuries he received in this accident. Cook v. Eney, 277 So. 2d 848 (Fla. 3d DCA), cert. denied, 285 So. 2d 414 (Fla.1973), was the first ease in Florida to address the highly prejudicial effect of testimony regarding receipt of governmental benefits. In Cook, a medical malpractice suit, the plaintiff received social security and worker’s compensation benefit…

Authorities Cited

• E. R. Squibb & Sons, Inc. v. Stickney, 274 So. 2d 898 (Fla. 1st DCA 1973)