Primo v. State Farm Mutual Automobile Insurance Company

Filing 110

ORDER directing the parties to file opening briefs re collateral sources on or before 10/6/2014. The parties should file any responsive briefs on or before 10/20/2014. Signed by Judge Timothy J. Corrigan on 9/15/2014. (BJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
WILLIAM PRIMO,
Plaintiff,
v.

Case No. 3:13-cv-64-J-32MCR

STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY, a Florida insurance
corporation,
Defendant.
ORDER
This uninsured/underinsured motorist coverage case comes before the Court
after a four-day jury trial. On September 12, 2014, the jury returned a verdict finding
that the accident in this case had caused $50,000 in damages for past medical expenses
and $7,560 in past lost earnings. However, the jury also found that the accident
caused $0 in future medical expenses and that Plaintiff William Primo had not
sustained a permanent injury in the accident. The jury therefore did not reach the
questions of past or future noneconomic damages.
Before the trial, the parties stipulated that the jury would not be presented with
any evidence relating to collateral sources and that the Court would decide any
collateral source issues, including any potential setoffs, post-trial. (Doc. 69, ¶10(3),
(4).) Based on its review of the law, the Court concludes that the parties should
submit their briefs and their evidence on these issue before final judgment is entered.

Moreover, because each side may have some burden of proof, see State Farm Mut.
Auto Ins. Co. v. Vecchio, 744 So. 2d 570, 571 (Fla. 2d DCA 1999), the Court concludes
that they should submit their briefs simultaneously. Accordingly, it is hereby
ORDERED:
1.

On or before October 6, 2014, the parties should file their opening briefs

on issues relating to the impact of collateral sources on final judgment in this case.
2.

On or before October 20, 2014, the parties should file any responsive

briefs.
DONE AND ORDERED at Jacksonville, Florida this 15th day of September,
2014.

bjb
Copies:
Counsel of record

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