McCabe v. Florida Power and Light Co., 68 So. 3d 995

McCabe appeals a final summary judgment for FPL in a negligence action where liability was stipulated.
Plaintiff received homeowner's policy limits, FIGA payment, and $15,000 from FPL, totaling $296,900; he did not sign a full release.
Plaintiff sought over $600,000 in itemized damages; he executed an affidavit and deposition detailing damages.
FPL moved for summary judgment arguing releases/accord and satisfaction via insurer/FIGA subrogation and releases bind McCabe.
Circuit court granted the motion, holding settlements precluded further damages; the court treated subrogees as standing in McCabe's shoes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Damages dispute precludes summary judgment	McCabe contends damages are disputed and exceed paid amounts.	FPL argues prior payments and releases bar further claims.	Reversed; damages issue remained factual and unresolved.
Binding effect of insurer/FIGA releases on plaintiff	McCabe was not fully indemnified and releases do not bind him.	Insurer/FIGA, as subrogees, released their claims in full satisfaction.	Reversed; releases do not bind McCabe or foreclose all future damages.
Collateral source set-off impact on plaintiff's claim	Potential future collateral source offset may affect damages.	Set-off considerations could reduce recovery.	Remanded to address potential collateral source effects consistent with the opinion.

DeCespedes v. Prudence Mut. Cas. Co. of Chi., Ill., 193 So. 2d 224 (Fla. 3d DCA 1966) (subrogation cannot exceed insurer payment; not binding on insured)
Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000) (summary judgment standards)
Tolan v. Coviello, 50 So. 3d 73 (Fla. 4th DCA 2010) (facts must be crystallized; issues of fact exist unless clear)
Florida Atlantic Univ. Bd. of Trs. v. Lindsey, 50 So. 3d 1205 (Fla. 4th DCA 2010) (summary-judgment review standard)