PUBLIX SUPER MARKETS, INC., AND HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLANTS,
v.
GUSSIE W. MOTON, APPELLEE
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Publix Super Markets appealed a judgment awarding taxable costs to a plaintiff in a negligence action, arguing it was entitled to set off the plaintiff's prior settlement with other defendants against those costs under Florida's comparative negligence statute. The court reversed, holding that taxable costs must be included in the judgment and are subject to the statutory setoff.
The court held that taxable costs must be added to the jury verdict and included in the final judgment, and therefore are subject to the setoff requirements of section 768.041(2). The trial court erred in disallowing a setoff against the taxable costs.
[1] A statutory setoff provision for damages awarded in a lawsuit applies to taxable costs unless the statute explicitly excludes them.
[2] A settlement amount received by a plaintiff from a codefendant must be set off against the total judgment awarded to the plaintiff, including taxable costs.
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Join FLexlaw to unlock all legal intelligence“At trial, if any defendant shows the court that the plaintiff, or any person lawfully on his behalf, has delivered a release or covenant not to sue to any person, firm or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.”
The statutory language of section 768.041(2), Florida Statutes (1981), which mandates setoff of prior settlements from judgments with no exception for costs
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Join FLexlaw to unlock all legal intelligenceGussie Moton sued Publix, Transeo Realty Trust, and North River Insurance Company for injuries from negligent parking lot maintenance. Transeo and Nor…
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LEHAN, Judge.
Publix Super Markets, Inc., and its insurer, Hartford Accident and Indemnity Company, defendants below, appeal from a final judgment awarding the plaintiff-appellee, Gussie Moton, taxable costs in the amount of $790.60. We reverse because appellants were entitled to a setoff against those taxable costs.
Appellee filed suit against Publix and original codefendants-joint tort-feasors Transeo Realty Trust and North River Insurance Company for injuries caused by the alleged negligent maintenance of a parking lot. Prior to trial, Transeo Realty Trust and North River Insurance Company entered into a settlement agreement with the appellee in the amount of $10,000. A jury trial was held, and the jury, in a special verdict form, determined that Publix and the appellee were comparatively negligent. The jury found 15 percent of the negligence attributable to Publix and 85 percent attributable to appellee. The total amount of damages awarded was $20,000. On May 24, 1982, Publix moved for a setoff pursuant to section 768.041(2), Florida Statutes (1981). The trial court entered a verdict in the amount of $3,000 (15 percent of $20,000) to appellee and determined that Publix was entitled to a setoff of $10,-000, the sum which the appellee had received from the original codefendants Tran-sco Realty Trust and North River Insurance Company. The trial court further ordered that appellee was entitled to taxable costs in the amount of $790.60 and determined that the taxable costs were not subject to the setoff provisions of section 768.041(2). The court entered judgment against Publix in the amount of the taxable costs.
Publix argues that it was entitled to a setoff against taxable costs pursuant to section 768.041(2), Florida Statutes. We agree.
Section 768.041(2), Florida Statutes (1981), provides:
At trial, if any defendant shows the court that the plaintiff, or any person lawfully on his behalf, has delivered a release or covenant not to sue to any person, firm or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.
The language of the statute is explicit in directing the court to set off the amount of the satisfaction, to wit, the settlement, from the judgments. No provision is included in the statute for excepting cost judgments from the statutory setoff requirement.
LaRosa v. Fernandez, 227 So. 2d 320 (Fla. 3d DCA 1969), addressed the issue of whether the setoff provisions of section 768.041(2) encompass cost judgments. In LaRosa, the trial judge in a similar factual situation allowed a setoff against the final judgment and the cost judgment and directed the clerk of the court to show a satisfaction of the judgment in the public records. The trial court subsequently granted the plaintiff’s motion to set aside the order of satisfaction. The defendant took an appeal. In its analysis, the third district noted that no provision was included in the statute for excepting a cost judgment from the setoff requirement. The court cited its earlier decision in Rutkin v. State Farm Mutual Automobile Ins. Co., 195 So. 2d 221 (Fla. 3d DCA 1967), which held:
The party recovering judgment in a law action is entitled to costs. The fact that in a jury trial the amount of costs is determined by the judge, while only the compensatory damages are assessed by a jury and stated in its verdict, is not material because costs allowed by the court are entitled to be added to the amount of the jury verdict and included in the judgment.
195 So. 2d at 223-24. The court in LaRosa accordingly determined that the setoff provisions of section 768.041(2) encompass cost judgments and that the trial court erred in setting aside the order of satisfaction.
Applying the holding in LaRosa to the case sub judice, we find that the taxable costs allowed by the trial court should be added to the amount of the jury verdict and included in the judgment. By virtue of section 768.041(2), the amount of the settlement should then be set off from the amount of the judgment.
Accordingly, we reverse the final judgment of the trial court which disallowed a setoff against taxable costs.
REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT HEREWITH.
DANAHY, A.C.J., and SCHOONOVER, J., concur.
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Young Mfg., Inc. v. Brooks, 543 So. 2d 388 (Fla. 3d DCA 1989)…c., 25 Mass.App.Ct. 323, 517 N.E. 2d 323 (1988). See also Boston Edison Co. v. Tritsch, 370 Mass. 260, 346 N.E. 2d 901 (1976). This rationale, indeed, was indulged in by our sister court, in calculating costs, in Publix Super Markets, Inc. v. Moton, 433 So. 2d 71 (Fla. 2d DCA 1983). Secondly, Young is entitled to pre-judgment interest on the remaining amount due after the settlement, including both principal and interest then remaining unpaid, from and after the date of the settlement to the date of the jud…
Authorities Cited
- Walker v. Buckeye Cellulose Corp., 195 So. 2d 221 (Fla. 1st DCA 1967)
- la Rosa v. Fernandez, 227 So. 2d 320 (Fla. 3d DCA 1969)