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Torts — Damages — Setoff — Collateral sources — Trial court did not err in refusing to set off the difference between medical bills for plaintiff’s surgery and the amount the medical provider received from insurance company — Error to set off amounts from jury verdict for which a right of subrogation existed
YELLOW CAB OF JACKSONVILLE GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; NORTHERN FLORIDA TRANSPORTATION GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; PENINSULA TRANSPORTATION GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; AND JACKSONVILLE TRANSPORTATION GROUP, LLC, AN ADMINISTRATIVELY DISSOLVED FLORIDA LIMITED LIABILITY COMPANY, Appellants/Cross-Appellees, v. SHAUN LUTCHMAN, Appellee/Cross-Appellant. 5th District. Case No. 5D23-85. L.T. Case No. 2014-CA-000826. May 19, 2023. Appeal from Circuit Court for Duval County, Gary L. Wilkinson, Judge. Counsel: Michael R. D’Lugo, of Wicker Smith O’Hara McCoy & Ford, P.A., Orlando, for Appellants/Cross-Appellees. Jessie L. Harrell, of The Harrell Firm, Jacksonville, for Appellee/Cross-Appellant.

48 Fla. L. Weekly D1026a

(PER CURIAM.) While driving his car, Shaun Lutchman was negligently struck by a vehicle, causing him physical injuries and requiring disc replacement surgery. Lutchman sued the Appellants/Cross-Appellees (“the Defendants”) and a jury awarded him $375,000 ($275,000 for past medical expenses and $100,000 for non-economic damages). The trial court entered a final judgment for Lutchman for $289,001.47, after setting off certain amounts.

On appeal, the Defendants claim error in the trial court’s refusal to set off the difference between the surgeon’s bills for the disc replacement surgery and the amount the surgeon received from the insurance company. This argument is entirely without merit for the reasons set forth in the trial court’s order, which we affirm without further comment.

On the cross-appeal, Lutchman argues that the trial court erroneously set off amounts from the jury verdict for which a right of subrogation exists. Under Florida law, there “shall be no reduction for collateral sources for which a subrogation or reimbursement right exists.” § 768.76(1), Fla. Stat. (2023); Blue Cross & Blue Shield of Fla., Inc. v. Matthews, 498 So. 2d 421, 422 (Fla. 1986) (“Florida has long recognized the subrogation rights of an insurer to recover payments made to an insured for injuries which were caused by the tortfeasor.”). At oral argument, counsel for the Defendants agreed with Lutchman and conceded that his cross-appeal was meritorious. As such, reversal is necessary to increase the final judgment by the amount of the erroneous setoffs, which totaled $8,794.47.

REVERSED and REMANDED with instruction to increase the final judgment by the $8,794.47. (LAMBERT, C.J., and MAKAR and SOUD, JJ., concur.)

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