Narrative Opinion Summary
The Supreme Court Committee on Standard Jury Instructions in Civil Cases proposed amendments to Standard Jury Instruction 6.13 concerning the Collateral Source Rule. The Court, possessing jurisdiction under the Florida Constitution, approved these amendments, which address the role of collateral source payments in tort actions. The amendments include a new subsection clarifying that damages for lost earnings or medical expenses covered by personal injury protection (PIP) insurance should not be awarded in automobile accident cases post-October 1, 1993, under section 627.736(3), Florida Statutes. The Court emphasizes that the responsibility for adjusting compensation for such collateral source payments lies with the court rather than the jury. The procedural framework is further refined by establishing that, unless the parties agree otherwise, PIP setoffs will be determined by the court post-trial. Notably, 'payable' expenses exclude those contested by the PIP insurer or where the insurer is insolvent at trial. The Court's approval allows for the publication and implementation of these instructions while leaving room for additional instructions or legal challenges. This decision signifies a significant step in aligning jury instructions with legislative amendments to the PIP setoff statute, ensuring clarity and consistency in the treatment of collateral sources in civil litigation.
Legal Issues Addressed
Application of PIP Setoff Statutesubscribe to see similar legal issues
Application: The new subsection clarifies that damages for lost earnings or past medical expenses paid by personal injury protection (PIP) insurance should not be awarded to the claimant.
Reasoning: Addition of a new subsection (c) and a new Note on Use (3) to align with the PIP setoff statute, section 627.736(3), Florida Statutes (2005), applicable to automobile accident cases arising after October 1, 1993.
Collateral Source Rule under Standard Jury Instruction 6.13subscribe to see similar legal issues
Application: The court has amended Standard Jury Instruction 6.13 concerning the treatment of collateral sources in tort actions, specifying that compensation should not be reduced due to benefits received from collateral sources.
Reasoning: The updated Standard Jury Instruction 6.13 addresses the collateral source rule, specifying that in tort actions, compensation should not be reduced due to benefits received from other sources.
Court's Role in Adjusting Compensationsubscribe to see similar legal issues
Application: The court, not the jury, is responsible for making reductions for collateral source payments in cases of motor vehicle incidents occurring on or after October 1, 1993.
Reasoning: For actions arising from motor vehicle incidents on or after this date, any damages claimed for past earnings or medical expenses already covered by personal injury protection (PIP) insurance should not be awarded.
Exclusion of Contested or Insolvent PIP Claimssubscribe to see similar legal issues
Application: The term 'payable' excludes expenses contested by the PIP insurer or in cases of insurer insolvency at trial.
Reasoning: It also notes that 'payable' expenses do not include those contested by the PIP insurer or in cases of insurer insolvency at trial.
Procedural Guidance on PIP Benefitssubscribe to see similar legal issues
Application: In the absence of an agreement between parties, the court should apply subsection 6.13c in personal injury or wrongful death cases where PIP benefits are presented as paid or payable.
Reasoning: The new Note on Use (3) specifies that typically, parties will agree to PIP setoffs being applied by the court post-trial. In the absence of such an agreement... subsection 6.13c should be utilized.