Dial v. Calusa Palms Master Association, Inc.
In a slip-and-fall negligence case, the trial court limited the plaintiff to introducing the discounted amounts Medicare actually paid for her past medical care rather than the gross billed amounts. The Florida Supreme Court answered the Second District's certified question in the negative, holding that Joerg v. State Farm u2014which barred evidence of a plaintiff's eligibility for future Medicare benefits u2014applies only to future medical expenses and has no application to past medical expenses. The Court approved the Second District's decision, leaving intact Cooperative Leasing's rule limiting past medical damages to amounts actually paid.
Key facts
- Plaintiff Dial filed a slip-and-fall negligence case against Calusa Palms Master Association, Inc., a property owner or manager.
- At trial, the court limited Dial's evidence of past medical expenses to the discounted amounts that Medicare actually paid, rather than allowing her to present the gross billed amounts.
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Why it matters
This is a major damages decision for Florida personal injury practice: defendants can continue to limit a Medicare-eligible plaintiff's proof of past medical expenses to the discounted amounts actually paid, avoiding… — full analysis with a trial
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