Matlin v. Langkow

65 F. App'x 373
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 22, 2003
DocketNos. 02-1007, 02-1138
StatusPublished
Cited by7 cases

This text of 65 F. App'x 373 (Matlin v. Langkow) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matlin v. Langkow, 65 F. App'x 373 (3d Cir. 2003).

Opinion

OPINION

GARTH, Circuit Judge.

This case arises out of a lawsuit related to an automobile accident that occurred in Tampa, Florida in March 1997. Following a jury trial, the jury returned a verdict of $200,000 in favor of the plaintiff, Rachel Matlin. The district court, pursuant to its pre-trial ruling applying Florida’s collateral source rule to the receipt of $100,000 by Matlin from her Underinsured Motorist (“UIM”) policy, reduced the award to $100,000.

Matlin appealed the reduction of her award at No. 02-1007. The defendants, Daymond R. Langkow and his wife, Stephanie Wiley Langkow (“the Langkows”), cross-appealed at No. 02-1138, alleging a variety of trial and pre-trial errors.

We have reviewed the Langkows’ arguments and find them unpersuasive. Accordingly, we will affirm the judgment of the district court as to the cross-appeal (02-1138). As to Matlin’s appeal, however, our application of Florida law requires us to reverse the judgment, which had held that UIM benefits were a collateral source under Florida law, and thus must be offset against the Matlin’s verdict.

I.

Because we write solely for the benefit of the parties, we recount the facts and the procedural history of the case only as they are relevant to the following discussion.

On March 9, 1997, Stephanie Wiley Langkow, while driving her car in Tampa, Florida, hit Matlin’s car from behind. Matlin pursued a claim for UIM benefits from her own insurance company, GEICO, because the Langkows had maintained only $10,000 in automobile insurance coverage. Matlin reached an agreement with GEICO in April 1999 to receive UIM benefits of $100,000, the limit under her policy. Nearly three years after the accident, on March 3, 2000, Matlin filed a lawsuit against the Langkows, alleging that their negligence had resulted in injuries and thus damage to Matlin.

The Langkows filed a motion for summary judgment, claiming that Matlin’s action was barred because New Jersey’s two-year statute of limitations, rather than Florida’s four-year statute of limitations, applied to Matlin’s complaint. The district court denied their motion on April 30, 2001, holding that Florida’s statute of limitations applied.

The Langkows also filed a motion to dismiss Matlin’s complaint on the basis of her failure to comply with court orders relating to discovery. The Magistrate Judge denied this order on May 9, 2001.

The district court then raised sua sponte the issue of whether Florida’s statutory collateral source rule applied to reduce any potential verdict Matlin might receive by the amount she had already received through GEICO’s payment of UIM benefits. The district court requested letter briefing and argument from the parties, after which the court concluded that, pursuant to Florida’s collateral source rule, any award of damages would be reduced by $100,000, the amount of UIM benefits [376]*376received by Matlin.1 The court entered an order to that effect on May 21, 2001.

Matlin and the Langkows made pre-trial motions related to Matlin’s expert witness, Dr. Kalmon Post. Matlin moved in part to strike portions of Dr. Post’s videotaped deposition because Dr. Post’s file contained a note making reference to a telephone call by Matlin’s attorney to Dr. Post’s office. The Langkows cross-moved to bar Dr. Post’s opinions on the issues of causation and need for future surgery. The district court, in an order dated October 5, 2001, denied the Langkows’ cross-motions and also denied Matlin’s motion concerning the note.

A jury trial proceeded from October 16 to October 22,2001, on which date the jury returned a verdict for Matlin for $200,000. The district court entered a final judgment on October 31, 2001 in favor of Matlin, molding the award by reducing the verdict to $100,000 in accordance with its prior ruling that, pursuant to Florida’s collateral source rule, it would reduce any verdict obtained by the $100,000 Matlin had received in UIM benefits.

On December 12, 2001, the district court denied the Langkows’ motion under Rule 50(b) of the Federal Rules of Civil Procedure for judgment as a matter of law notwithstanding the jury’s verdict, or in the alternative, for a new trial pursuant to Rule 59(a).

Matlin filed a timely appeal, and the Langkows filed a timely cross-appeal.

II.

The district court had subject matter jurisdiction over this diversity action. We have appellate jurisdiction pursuant to 28 U.S.C. § 1291.

Matlin’s sole argument on appeal is that the district court should not have applied Florida’s collateral source rule, Fla. Stat. Ann. § 768.76, to reduce the jury’s award. Florida’s collateral source rule provides that where damages are awarded to compensate a claimant for injuries sustained, the court shall reduce the verdict by all amounts which have been paid for the benefit of the claimant from all collateral sources, except those sources for which a right of subrogation or reimbursement exists. The statute 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 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; however, there shall be no reduction for collateral sources for which a subrogation or reimbursement right exists. Such reduction shall be offset to the extent of any amount which has been paid, contributed, or forfeited by, or on behalf of, the claimant or members of the claimant’s immediate family to secure her or his right to any collateral source benefit which the claimant is receiving as a result of her or his injury.

Fla. Stat. Ann. § 768.76(1) (emphasis added).

The district court raised this issue sua sponte2 and after letter briefing and [377]*377argument, concluded that the collateral source rule would apply to reduce the judgment, if any, by $100,000, the amount of UIM benefits Matlin had received.

We have plenary review of the district court’s interpretation and application of state law. See, e.g., Horsehead Industries, Inc. v. Paramount Communications, Inc., 258 F.3d 132, 140 (3d Cir.2001). We have on prior occasions explained that

[a]s a federal court sitting in diversity, the district court was, and we are, obliged to apply state substantive law____ In so doing, we are not free to impose our own view of what state law should be; we are to apply state law as interpreted by the state’s highest court.... In the absence of guidance from that court we are to refer to decisions of the state’s intermediate appellate courts for assistance in determining how the highest court would rule.

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65 F. App'x 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matlin-v-langkow-ca3-2003.