Dial v. Calusa Palms Master Ass'n
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The Supreme Court approved the Second District Court of Appeal's decision in this negligence case, holding that the ruling in Joerg v. State Farm Mutual Insurance Co., 176 So,. 3d 1247 (Fla. 2015) prohibiting the introduction of evidence of Medicare benefits in a personal injury case for purposes of a jury's consideration of future medical expenses does not also apply to past medical expenses.
Plaintiff sought to recover past medical expenses due to injuries she received when she tripped and fell on property owned by Defendant. The jury awarded Plaintiff $34,642 in past medical expenses. On appeal, Plaintiff argued that the trial court abused its discretion by precluding her from introducing as evidence the gross amount of her past medical expenses and limited her to introducing only the discounted amounts paid by Medicare. The Second District affirmed, concluding that the Joerg court set the scope of its holding to evidence concerning future Medicare benefits. The Supreme Court affirmed, holding that Jeorg had no application to the past medical expenses at issue in the instant case.
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