Lawton-Davis et al v. State Farm Mutual Automobile Insurance Company

Filing 171

JUDGMENT in favor of State Farm Mutual Automobile Insurance Company against Anthony Davis, Ericka Lawton-Davis Signed by Judge Roy B. Dalton, Jr. on 4/25/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ERICKA LAWTON-DAVIS; and
ANTHONY DAVIS,
Plaintiffs,
v.

Case No. 6:14-cv-1157-Orl-37DAB

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
JUDGMENT IN A CIVIL CASE
On April 21, 2015, at the conclusion of a four-day trial, a jury rendered a verdict
awarding Plaintiff Ericka Lawton-Davis (“Mrs. Lawton-Davis”) $2,587.67 in total
damages (“Award”). 1 (Doc. 170.) Finding that there is no just reason for delay, the Court
now enters final judgment.
Under Florida’s collateral source statute, “[i]n any action . . . in which liability is
admitted or determined by the trier of fact and in which damages are awarded to
compensate the claimant for losses sustained, the court shall reduce the amount of such
award by the total of all amounts which have been paid for the benefit of the claimant . . .
from all collateral sources.” Fla. Stat. § 786.76(1).
In their Joint Final Pretrial Statement, the parties agreed that Defendant previously
paid Mrs. Lawton-Davis $5,000 in medical payments (“medpay”) benefits. (Doc. 115,

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Specifically, the jury awarded Mrs. Lawton-Davis: (1) $2,587.67 in damages for
past medical expenses; (2) no damages for lost earnings in the past; (3) no damages for
loss of future earning capacity; and (4) no damages for future medical expenses.
(Doc. 170.) The jury also found that Mrs. Lawton-Davis sustained no permanent injury as
a result of an April 20, 2011, automobile accident. (Id.)

pp. 14–15.) Additionally, at the final pretrial conference, the parties agreed that the Court
would apply any applicable setoff from collateral source payments after trial (“Setoff
Agreement”). (See Doc. 146, pp. 15–16; see also Doc. 133, p. 3.)
Pursuant to Florida law, “medpay benefits are a collateral source to which the
general collateral source statute is applicable.” Allstate Ins. Co. v. Rudnick,
761 So. 2d 289, 291 (Fla. 2000). Therefore, in light of the Setoff Agreement and Florida
Statute § 786.76(1), the Court finds that the Award is due to be set off by the amount of
$5,000. Given that such setoff will reduce Plaintiffs’ damages to zero, the Court will enter
judgment for Defendant. See Brown v. United States, 838 F.2d 1157, 1162
(11th Cir. 1988) (directing the district court to enter judgment for the defendant where “the
setoff to which the [defendant] [was] entitled [was] a total setoff”).
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

FINAL JUDGMENT is entered in favor of the Defendant, State Farm Mutual
Automobile Insurance Company, and against the Plaintiffs, Ericka LawtonDavis and Anthony Davis.

2.

The prevailing party shall be entitled to an award of costs as provided in
28 U.S.C. § 1920. Fed R. Civ. P. 54(d)(1).

DONE AND ORDERED in Chambers in Orlando, Florida, on April 25, 2016.

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Copies:
Counsel of Record

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