Garcia v. Arraga

872 So. 2d 266, 2004 WL 384187
CourtDistrict Court of Appeal of Florida
DecidedFebruary 11, 2004
Docket4D02-3609
StatusPublished
Cited by3 cases

This text of 872 So. 2d 266 (Garcia v. Arraga) 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
Garcia v. Arraga, 872 So. 2d 266, 2004 WL 384187 (Fla. Ct. App. 2004).

Opinion

872 So.2d 266 (2004)

Maria GARCIA, Appellant,
v.
Ana M. ARRAGA, Appellee.

No. 4D02-3609.

District Court of Appeal of Florida, Fourth District.

February 11, 2004.

*267 Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Cymonie S. Rowe of Dickstein, Reynolds, Woods & Murasko, P.A., North Palm Beach, for appellant.

Allen E. Rossin of Law Offices of Allen E. Rossin, P.A., West Palm Beach, for appellee.

CHAVIES, MICHAEL B., Associate Judge.

Pending before this court is an appeal of an order denying the appellant's post-trial motion for collateral source deductions. For the reasons set forth below, this court reverses the trial court's ruling, and remands for further proceedings in accordance with this opinion.

The facts underlying this appeal stem from an automobile accident occurring in West Palm Beach, Florida. In 1998, the parties' automobiles collided near the intersection of Belvedere Road and Military Trail in West Palm Beach. The appellee, the plaintiff below, sued the appellant, the defendant below, for injuries sustained from the accident. After trial, the trial court denied the appellant's motion for collateral source set-off; and entered final judgment in favor of the appellee in the amount of $12,000. In its order, the trial court noted that absent an express agreement by the parties, it could not, post-trial, reduce the jury's damage award by the amount of the personal injury protection payments. In support of its decision, the court cited Kirkland v. Allstate Insurance Co., 655 So.2d 106 (Fla. 1st DCA 1995), and Marion v. Cissell, 376 So.2d 871 (Fla. 5th DCA 1979). These cases, as interpreted by the trial court, require evidence of collateral source payments to be submitted during trial for a jury's determination in automobile tort actions.

The appellant appeals the court's decision denying the post-trial motion for collateral source set-off. In support of the appeal, the appellant cites Section 768.76(1) of the Florida Statutes, which the appellant contends requires the trial court, after trial, to reduce the amount of the damage award by the total amount of the collateral source benefits which have been paid or which will be paid to the appellee.

The issue before this court is whether the trial court erred in failing to render a post-trial determination regarding collateral source payments. This court finds that the trial court did err. The trial court misconstrued the governing authority regarding collateral source evidence, and misinterpreted the facts.

*268 A review of the governing authority and the record supports this finding.

Governing Statutory Provisions

Section 768.76(1) and Section 627.736(3) of the Florida Statutes are two separate statutory provisions governing collateral sources.

Section 768.76(1), Florida Statutes, governs collateral sources of indemnity in general. It is set forth in Part II of the Florida Statutes entitled Negligence Actions. The provision applies to any action for damages whether in tort or contract.[1] Pursuant to Section 768.76(1), the court is authorized to reduce the claimant's damage award by the total amount of collateral source payments made for the benefit of the claimant after the trier of fact has made an initial award of damages. The provision provides:

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 ... 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... from all collateral sources.

§ 768.76(1), Fla. Stat. (2002).

Subsection (2) of Section 768.76 defines the term "collateral sources." The subsection provides, in pertinent part:

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:
(2) any health, sickness, or income disability insurance, automobile accident insurance that provides health benefits or income disability coverage....

§ 768.76(2)(a), Fla. Stat. (2002).

Section 627.736(3) of the Florida Statutes specifically addresses the recovery of collateral source payments in tort claims stemming from motor vehicle accidents. Section 627.736(3) is set forth in Part XI of the Florida Statutes entitled Motor Vehicle & Casualty Insurance Contracts. Section 627.736(3) reads, in part,

An injured party who is entitled to bring suit ... shall have no right to recover any damages for which personal injury protection benefits are paid or payable. The plaintiff may prove all of his special damages notwithstanding this limitation, but if special damages are introduced in evidence, the trier of fact, whether judge or jury, shall not award damages for personal injury protection benefits paid or payable.

§ 627.736(3), Fla. Stat. (2002).

Thus, under Section 627.736(3), the judge or the jury, as the trier of fact in an automobile case, is authorized to off-set an award of damages by the amount of personal injury protection benefits paid or payable if evidence of the benefits is presented at trial.

A cursory comparison of Section 627.736(3) with Section 768.76(1) initially reveals that the set-off provisions differ as to whether the judge, post-trial, or the jury, during trial, shall ultimately reduce the damage award. Several court decisions have construed the provisions as procedurally distinct, and have exclusively applied one over the other.

For example, in Caruso v. Baumle, 835 So.2d 276 (Fla. 5th DCA 2002) review granted, 852 So.2d 861 (Fla. 2003), the trial court granted the defendant's request to conduct post-trial discovery and present post-trial evidence of personal injury protection benefits. On appeal, the appellate court reluctantly upheld the trial court's ruling. The court applied Section *269 768.76(1) in lieu of Section 627.736(3). Although suggesting that a defendant is required to present evidence of PIP benefits during trial, pursuant to Section 627.736(3), the court, nevertheless, concluded that it was bound by an earlier decision rendered by that court announced in Allstate Insurance Co. v. Scott, 773 So.2d 1290 (Fla. 5th DCA 2001)[2]. That decision held that collateral source evidence should be presented after trial pursuant to Section 768.76(1).[3]

This court finds that both provisions authorize the trial judge to render a post-trial decision regarding collateral source payments after the court or jury has made an initial award of damages, regardless if the case is a personal injury case or a general tort case. That is, both provisions provide the trial court with the authority to reduce damage awards by the value of collateral sources payments as a post-verdict procedure. Both statutory provisions should be given effect simultaneously.

Decisions interpreting the application of each provision have intertwined the different statutes; citing the two statutes interchangeably. See e.g., Allstate Ins. Co. v. Rudnick, 706 So.2d 389 (Fla. 4th DCA 1998); and Allstate Ins. Co. v. Scott, 773 So.2d at 1290. This court agrees with those decisions which cite both statutory provisions interchangeably.[4]

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Related

Wendell v. UNITED SERVICES AUTO.
881 So. 2d 1178 (District Court of Appeal of Florida, 2004)
Caruso v. Baumle
880 So. 2d 540 (Supreme Court of Florida, 2004)

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Bluebook (online)
872 So. 2d 266, 2004 WL 384187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-arraga-fladistctapp-2004.