53 So. 3d 1084
Fla. Dist. Ct. App.2010Background
- Nationwide Mutual Fire Insurance Company appeals after a jury verdict in Sheila Harrell's favor and the denial of its post-trial motions for a new trial or remittitur.
- The central dispute concerns whether the trial court properly allowed Harrell to introduce and request the jury to consider the gross amount of medical bills rather than the discounted amount paid by Harrell's private insurer.
- Nationwide objected timely to the introduction of gross bills, but the court overruled the objection and permitted the evidence under the collateral source rule.
- Harrell sought future medical expenses based on a claim of permanent injury, while the jury found no permanent injury.
- Nationwide challenged the future medical expenses award as excessive and argued the verdict was inconsistent.
- The First District Court of Appeal affirmed, determining the collateral source evidentiary rule supported admitting gross bills and that the inconsistency issue was not preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral-source evidence admissibility | Nationwide argues gross bills mislead jurors and discounts should be used. | Harrell contends collateral-source rule permits gross bills when paid by private insurer. | Trial court correctly admitted gross bills per collateral-source rule. |
| Preservation and inconsistency of verdict on future medical expenses | Nationwide contends future medical award is excessive and inconsistent. | Harrell maintains verdict consistency and demand for future care is proper. | Inconsistency existed but not preserved for review; affirmed denial of new trial/remittitur. |
Key Cases Cited
- Goble v. Frohman, 848 So.2d 406 (Fla. 2d DCA 2003) (collateral-source discounts set off against damages when no right of reimbursement exists)
- Goble v. Frohman, 901 So.2d 830 (Fla. 2005) (approval on other grounds)
- Gormley v. GTE Prods. Corp., 587 So.2d 455 (Fla. 1991) (collateral source rule: evidentiary and damages aspects)
- Florida Physician's Insurance Reciprocal v. Stanley, 452 So.2d 514 (Fla. 1984) (limits abrogation of evidentiary collateral-source rule)
- Sheffield v. Superior Ins. Co., 800 So.2d 197 (Fla. 2001) (collateral-source rule evidentiary prohibition continued)