Barker v. Palm Beach County

District Court of Appeal of Florida

Barker v. Palm Beach County

559 So. 2d 724, 1990 Fla. App. LEXIS 2608, 1990 WL 45260

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1990

DocketNo. 89-1526

StatusPublished

This text of 559 So. 2d 724 (Barker v. Palm Beach County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barker v. Palm Beach County, 559 So. 2d 724, 1990 Fla. App. LEXIS 2608, 1990 WL 45260 (Fla. Ct. App. 1990).

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Opinion

FASTRACK APPEAL

PER CURIAM.

We reverse the final judgment and remand the cause to the trial court. It is clear from the record that the jury was specifically advised during the course of the trial that the plaintiff had PIP insurance to cover her medical expenses and that the defendant was entitled to have credit for the amount of the PIP benefits. However, the jury was not properly instructed, by the trial court, that they should not reduce the amount of compensation to which the plaintiff was otherwise entitled on account of insurance payments. Furthermore, the jury was not instructed that the trial court would reduce as necessary the amount of the compensation to which the plaintiff is entitled on account of any such payments. See Standard Jury Instruction 6.13 as amended and adopted in In re Standard Jury Instructions Civil Cases, 522 So.2d 364 (Fla.1988). The trial court’s failure to instruct the jury accordingly was error. Goodman v. Roma Construction Company, Inc., 537 So.2d 597 (Fla. 3d DCA 1988). We conclude from the record that the jury did allow the appellee credit for the collateral sources so that the trial judge’s post-trial reduction was improper.

Accordingly, we reverse and remand to the trial court to enter a final judgment in favor of the plaintiff for $20,400.

REVERSE AND REMAND.

LETTS and GUNTHER, JJ., concur. WARNER, J., concurs specially without opinion.

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FASTRACK APPEAL

PER CURIAM.

We reverse the final judgment and remand the cause to the trial court. It is clear from the record that the jury was specifically advised during the course of the trial that the plaintiff had PIP insurance to cover her medical expenses and that the defendant was entitled to have credit for the amount of the PIP benefits. However, the jury was not properly instructed, by the trial court, that they should not reduce the amount of compensation to which the plaintiff was otherwise entitled on account of insurance payments. Furthermore, the jury was not instructed that the trial court would reduce as necessary the amount of the compensation to which the plaintiff is entitled on account of any such payments. See Standard Jury Instruction 6.13 as amended and adopted in In re Standard Jury Instructions Civil Cases, 522 So.2d 364 (Fla.1988). The trial court’s failure to instruct the jury accordingly was error. Goodman v. Roma Construction Company, Inc., 537 So.2d 597 (Fla. 3d DCA 1988). We conclude from the record that the jury did allow the appellee credit for the collateral sources so that the trial judge’s post-trial reduction was improper.

Accordingly, we reverse and remand to the trial court to enter a final judgment in favor of the plaintiff for $20,400.

REVERSE AND REMAND.

LETTS and GUNTHER, JJ., concur. WARNER, J., concurs specially without opinion.

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Bluebook (online)

559 So. 2d 724, 1990 Fla. App. LEXIS 2608, 1990 WL 45260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-palm-beach-county-fladistctapp-1990.

Opinion

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