50 So. 3d 681
Fla. Dist. Ct. App.2010Background
- Cirillo-Meijer, driving a car owned by Irma Cohen, was rear-ended by Felix Martinez and settled with Martinez for $10,000.
- Cirillo-Meijer then sued GEICO, Cohen's UM/UIM carrier, alleging permanency and damages for TMJ-related injuries.
- The trial court directed a verdict for GEICO on the permanency threshold for non-economic damages, leaving economic damages to the jury.
- The jury awarded $25,545 for past medical expenses and $13,500 for future medical expenses; GEICO sought set-off for PIP benefits and the Martinez settlement.
- The trial court allowed a set-off for PIP but denied a set-off for the Martinez settlement; verdict ultimately reduced by the settlement amount on appeal.
- The appellate court reversed the permanency-directing ruling, and remanded to reduce the final judgment by the Martinez settlement amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the UM set-off applies to total damages | Cirillo-Meijer argues settlement should not be deducted from total damages. | GEICO contends set-off is proper where settlement duplicates benefits. | UM set-off against total damages affirmed for duplicate-benefits scenario. |
| Whether directing a verdict on permanency was proper | Cirillo-Meijer posits evidence supported permanency via potential future scar. | GEICO argues evidence failed to show significant and permanent disfigurement. | Directed verdict on permanency affirmed; jury not allowed to determine non-economic damages. |
Key Cases Cited
- State Farm Mut. Auto. Ins. Co. v. Vecchio, 744 So.2d 570 (Fla. 2d DCA 1999) (set-off only where UM award duplicates tort recovery)
- Aetna Cas. & Sur. Co. v. Langel, 587 So.2d 1370 (Fla. 4th DCA 1991) (burden on UM to show duplication of benefits)
- Somoza v. Allstate Indemnity Co., 929 So.2d 702 (Fla. 3d DCA 2006) (total-damages concept supports UM set-off when jury awards economic and no non-economic damages)
- Allstate Ins. Co. v. Campbell, 842 So.2d 1031 (Fla. 2d DCA 2003) (jury verdict may represent total damages; UM set-off applies)
- Galante v. USAA Casualty Insurance Co., 695 So.2d 456 (Fla. 4th DCA 1997) (distinguishes cases where only non-economic damages are sought)