AUDREY GILLIS READON, APPELLANT,
v.
MIRTHA KIM LIM, APPELLEE
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PER CURIAM.
In this case arising out of an automobile accident, the defendant, Audrey Gillis Rea-don, appeals the trial court’s calculation of damages. We reverse and remand for entry of a judgment consistent with this opinion.
The only damages involved were plaintiffs medical expenses. Without needlessly relating the facts of this case, the judgment is calculated as follows: economic damages ($11,500)- plaintiffs comparative negligence of 30% ($3,450) — personal injury protection benefits ($8,000) 1= damages for which Rea-don is liable ($50). See Wiggins v. Braman Cadillac, Inc., 669 So. 2d 332, 334 (Fla. 3d DCA 1996); see also Olson v. N. Cole Constr., Inc., 681 So. 2d 799, 800 (Fla. 2d DCA 1996).
Reversed and remanded for entry of a judgment consistent with this opinion.
. This includes the plaintiffs $2,000 deductible. See Hannah v. Newkirk, 675 So. 2d 112 (Fla. 1996).
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Assi v. Fla. Auto Auction OF Orlando, Inc., 717 So. 2d 588 (Fla. 5th DCA 1998)…. See Wells v. Tallahassee Memorial Regional Medical Center, 659 So. 2d 249, 254, n. 3 (Fla.1995); Olson v. N. Cole Constr., Inc., 681 So. 2d 799 (Fla. 2d DCA 1996); Wiggins v. Braman Cadillac, Inc., 669 So. 2d 332 (Fla. 3d DCA 1996); Readon v. Lim, 697 So. 2d 178 (Fla. 3d DCA 1997). By initially subtracting the percentage of the plaintiffs comparable negligence from the total economic damages found by the jury, the remaining amount is reduced to the defendant’s tort liability. Pursuant to Florida’s no-fault…
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Hibbard v. McGRAW, 862 So. 2d 816 (Fla. 5th DCA 2003)…Cohen v. Richter, 667 So. 2d 899 (Fla. 4th DCA 1996). Nevertheless, Carr received collateral source payments which do reduce economic damages. Wells; Assi v. Florida Auto Auction of Orlando, Inc., 717 So. 2d 588 (Fla. 5th DCA 1998); Readon v. Lim, 697 So. 2d 178 (Fla. 3d DCA 1997); Olson v. N. Cole Const, Inc., 681 So. 2d 799 (Fla. 2d DCA 1996). The collateral source payments of $72,966.09 far exceed McGraw’s liability for $10,238.32 in economic damages. Thus the net recovery should have been limited to McG…
Authorities Cited
- Hannah v. Newkirk, 675 So. 2d 112 (Fla. 1996)
- Olson v. N. Cole Constr., Inc., 681 So. 2d 799 (Fla. 2d DCA 1996)
- Wiggins v. Braman Cadillac, Inc., 669 So. 2d 332 (Fla. 3d DCA 1996)