William Primo v. State Farm Mutual Automobile Insurance Company
661 F. App'x 661
| 11th Cir. | 2016Background
- In a suit for underinsured-motorist benefits, Plaintiff William Primo obtained a jury verdict of $57,560, which the district court reduced by collateral-source/settlement credits to a net judgment of $16,221.80.
- State Farm served a $40,000 Proposal for Settlement under Fla. Stat. § 768.79 (and Fla. R. Civ. P. 1.442); Primo did not accept it.
- The district court added taxable costs to Primo’s judgment (totaling $25,725.28 including $9,503.48 in costs) and found that amount was more than 25% less than State Farm’s $40,000 offer.
- Because the statutory threshold was met, the district court awarded State Farm attorney’s fees and costs incurred after the Proposal and entered a net judgment for State Farm for $21,070.10.
- Primo appealed two rulings: (1) that the Proposal complied with Rule 1.442 (challenge to wording: “all Plaintiff’s claims” vs. “all damages”), and (2) that expert witness taxable costs were limited to $40 per day per witness under 28 U.S.C. § 1821(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Proposal complied with Fla. R. Civ. P. 1.442(c)(2)(B) (must "state that the proposal resolves all damages") | Proposal failed strict-language requirement because it said "all Plaintiff’s claims" not "all damages" | The Proposal resolved the entire suit (dismissal with prejudice) and thus necessarily resolved all damages; strict wording not required | Court: Proposal complied; no material difference between "all claims" and "all damages" here; § 768.79 construing offer as including all damages. |
| Whether plaintiff’s claimed expert witness fees are taxable in excess of $40/day under 28 U.S.C. § 1821(b) | District court abused discretion by awarding only $160 of ~$37,835 claimed for experts | Federal statute limits attendance fees to $40/day per witness absent contract or explicit statute authorizing more | Court: Affirmed. Federal law (Crawford Fitting) binds federal courts to § 1821(b); only $40/day per witness taxable. |
Key Cases Cited
- White v. Steak & Ale of Fla., Inc., 816 So.2d 546 (Fla. 2002) (defines "judgment obtained" to include plaintiff's costs up to the date of the offer)
- Campbell v. Goldman, 959 So.2d 223 (Fla. 2007) (offer-of-judgment statute and rule strictly construed)
- Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (1987) (federal courts bound by § 1821(b) limit for reimbursing fees paid to party’s own expert unless contract/statute provides otherwise)
- Morrison v. Reichhold Chem., Inc., 97 F.3d 460 (11th Cir. 1996) (reduce taxable expert costs to $40/day when not authorized otherwise)
- McMahan v. Toto, 311 F.3d 1077 (11th Cir. 2002) (federal court reviews state-law interpretations de novo)