Maldonado v. Allstate Ins. Co.

789 So. 2d 464, 2001 Fla. App. LEXIS 9027, 2001 WL 726002
CourtDistrict Court of Appeal of Florida
DecidedJune 29, 2001
Docket2D00-1120
StatusPublished
Cited by10 cases

This text of 789 So. 2d 464 (Maldonado v. Allstate Ins. Co.) 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
Maldonado v. Allstate Ins. Co., 789 So. 2d 464, 2001 Fla. App. LEXIS 9027, 2001 WL 726002 (Fla. Ct. App. 2001).

Opinion

789 So.2d 464 (2001)

Vicente MALDONADO, Appellant,
v.
ALLSTATE INSURANCE COMPANY, Appellee.

No. 2D00-1120.

District Court of Appeal of Florida, Second District.

June 29, 2001.

*465 Perry Tanksley, Sarasota, for Appellant.

Michael C. Clarke and Eric M. Moore of Reynolds & Stowell, P.A., St. Petersburg, for Appellee.

ALTENBERND, Acting Chief Judge.

Vicente Maldonado appeals a county court judgment declaring that, for purposes of the Florida Motor Vehicle No-Fault Law, he was not a resident of Florida on August 19, 1993. The practical result of the jury's decision in this case is that Allstate Insurance Company (Allstate) will not need to pay PIP benefits to Manatee Memorial Hospital and the various physicians who treated Mr. Maldonado for injuries sustained when he was struck by a vehicle that Allstate insured.

The county court certified as a question of great public importance whether a person's status as an illegal alien should be admissible in this context. We conclude that the residence requirement in section 627.736(4)(d)(4), Florida Statutes (1993), is intended by the legislature as a pure residence requirement, and not as a requirement for domicile, legal residence, or citizenship. Thus, the trial court erred by allowing extensive evidence of Mr. Maldonado's status as an illegal alien and by *466 instructing the jury on this subject. For purposes of this statute, the claimant's status as an illegal alien was of marginal relevance. Moreover, as dramatically demonstrated by the overall tenor of this jury trial, any probative value of this evidence was clearly outweighed by its prejudicial effect.

I. THE ACCIDENT AND COUNTY COURT PROCEEDINGS

Mr. Maldonado was struck while riding a bicycle in Manatee County on August 19, 1993. He sustained significant injuries and was treated at Manatee Memorial Hospital. It is undisputed that he owns no automobile. Mr. Maldonado applied for PIP benefits under the Allstate policy covering the car that struck him. Allstate denied coverage on the ground that Mr. Maldonado was not a resident of Florida.

The basic facts concerning Mr. Maldonado's residency depend to some degree upon his credibility, but do not appear to be in great dispute. He lived in Texarkana, Texas, for about a year before moving to Manatee County in mid 1993. He testified he came to Florida intending to stay and hoping to find work. The accident occurred a month or two after he came to Florida. There is no evidence in the record that Mr. Maldonado had any plans to leave Florida at the time of his accident, or that he had any indicia of residency anywhere other than Florida. At the time of the trial, he had lived continuously in Manatee County for over three years.

The basic facts concerning Mr. Maldonado's citizenship are also not in great dispute. Mr. Maldonado was born in Mexico in 1961 and entered the United States illegally. He moved to Florida as an illegal alien who spoke little or no English. Accordingly, he had no valid social security number at the time of the accident, was not eligible for most welfare programs, and generally lived the anonymous lifestyle common to many of the poor, illiterate, illegal aliens who live in this country.

At trial, the only litigated issue was residency. Over the objection of Mr. Maldonado's counsel, Allstate made Mr. Maldonado's alien status a central feature in this trial. Allstate established that Mr. Maldonado "crossed over the river between Mexico and the United States." It cross-examined him extensively on his use of a fake social security number, his intention to work in Florida without appropriate work credentials, and his lack of a voter registration card. During closing argument, Allstate argued: "Folks, the question is, `Can a person be subject to deportation and be a resident of the State of Florida? Can a resident be deported?'" When the trial court sustained an objection to these rhetorical questions, it did not explain that the simple legal answer to these rhetorical questions was yes. Instead, the trial court stated that "we're getting into law." Immediately following this objection, Allstate's counsel read a federal statute about deportation, upon which the trial court had refused to give an instruction. The trial court gave a very basic jury instruction on the issue of residency. The instruction did not attempt to explain the distinctions between and among domicile, residency, and citizenship. Following the basic instruction, over Mr. Maldonado's objection, the trial court gave the following instruction:

You have heard that Plaintiff was an, quote, illegal alien, close quote, and was not a quote, legal, close quote, citizen or resident of the United States or of Florida. You are instructed that this evidence does not, standing alone, preclude or prevent Plaintiff from making a claim with Defendant Allstate Insurance for benefits. However, this evidence may *467 be considered by you for purposes of determining whether Plaintiff was a resident of Florida on August 19, 1993, together with all of the evidence presented in accordance with these instructions.

The jury answered a single interrogatory verdict to determine that Mr. Maldonado was not a resident of Florida at the time of this accident. The county court judge, who was troubled by this trial, decided to enter judgment on the jury's verdict and certify the admissibility of illegal alien status to this court.

II. THE TERM "RESIDENT" AND ITS RELATIONSHIP TO CITIZENSHIP AND DOMICILE DEPEND UPON THE CONTEXT IN WHICH THE TERM IS USED

The residency requirement at issue in this case is contained in section 627.736(4)(d)(4). It states:

(4) BENEFITS; WHEN DUE....
. . . .
(d) The insurer of the owner of a motor vehicle shall pay personal injury protection benefits for:
. . . .
4. Accidental bodily injury sustained in this state by any other person while occupying the owner's motor vehicle or, if a resident of this state, while not an occupant of a self-propelled vehicle, if the injury is caused by physical contact with such motor vehicle....

This requirement has remained unchanged since its enactment in 1971. See Ch. 71-252, § 7, Laws of Fla.

The issue in this case revolves around the definition of "resident" as used in this statute. The relevance of Mr. Maldonado's alien status can only be assessed once one determines the elements needed to establish residency.

In general, a person is a resident if he or she lives in a place and has no present intention of "removing themselves therefrom," i.e., leaving. Kiplinger v. Kiplinger, 147 Fla. 243, 2 So.2d 870, 873 (1941); see also Cruickshank v. Cruickshank, 420 So.2d 914, 915 (Fla. 1st DCA 1982) (holding that test for residency is physical presence in state and concurrent intent to remain). "Any place of abode or dwelling place constitutes a `residence,' however temporary it may be, while the term `domicile' relates rather to the legal residence of a person, or his home in contemplation of law. As a result, one may be a resident of one jurisdiction although having a domicile in another." Robinson v. Fix, 113 Fla. 151, 151 So. 512, 513 (1933) (quoting Warren v. Warren, 73 Fla. 764, 75 So. 35, 42 (1917)); see also Minick v. Minick, 111 Fla. 469, 149 So. 483, 488 (1933). Further, "residency" can allow for temporary "residence" in an "abode," as compared to a home. Robinson, 151 So. at 512.

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Bluebook (online)
789 So. 2d 464, 2001 Fla. App. LEXIS 9027, 2001 WL 726002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-v-allstate-ins-co-fladistctapp-2001.