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Filing # 171909738 E-Filed 04/27/2023 09:28:58 AM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
CASE NO.: 16-2023-CA-0022
SANDRA LITTLE,
Plaintiff,
vs.
ST. CLAIR CORPORATION, INC.,
Defendant.
_____________________________/
DEFENDANT’S MOTION IN LIMINE REGARDING MEDICAL
BILLS PRESENTED TO THE JURY
COMES NOW, Defendant, ST. CLAIR CORPORATION, INC., (hereinafter, Defendant),
pursuant to the applicable Florida Rule of Civil Procedure and Florida Rules of Evidence, moves
the Court to enter an Order excluding any evidence or testimony regarding any medical charges in
excess of the amount paid by Workers’ Compensation and states:
1. Section 768.76, Florida Statutes, states in relevant part:
(1) In any action to which this part applies in which liability is admitted
or is determined by the trier of fact and in which damages are
awarded to compensate the claimant for losses sustained, the court
shall reduce the amount of such award by the total of all amounts
which have been paid for the benefit of the claimant, or which are
otherwise available to the claimant, from all collateral sources;
however, there shall be no reduction for collateral sources for which
a subrogation or reimbursement right exists. Such reduction shall be
offset to the extent of any amount which has been paid, contributed,
or forfeited by, or on behalf of, the claimant or members of the
claimant's immediate family to secure her or his right to any
collateral source benefit which the claimant is receiving as a result
of her or his injury.
(2) For purposes of this section:
(a) "Collateral sources" means any payments made to the claimant, or made on the
claimant's behalf, by or pursuant to:
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/28/2023 01:24:55 PM
1. The United States Social Security Act, except Title
XVIII and Title XIX; any federal, state, or local income
disability act; or any other public programs providing
medical expenses, disability payments, or other similar
benefits, except those prohibited by federal law and
those expressly excluded by law as collateral sources.
2. Any health, sickness, or income disability insurance;
automobile accident insurance that provides health
benefits or income disability coverage; and any other
similar insurance benefits, except life insurance benefits
available to the claimant, whether purchased by her or
him or provided by others.
3. Any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or
reimburse the costs of hospital, medical, dental, or other
health care services.
4. Any contractual or voluntary wage continuation plan
provided by employers or by any other system intended
to provide wages during a period of disability.
(b) Notwithstanding any other provision of this section, benefits received under
Medicare, or any other federal program providing for a Federal Government
lien on or right of reimbursement from the plaintiff’s recovery, the Workers'
Compensation Law, the Medicaid program of Title XIX of the Social Security
Act or from any medical services program administered by the Department of
Health shall not be considered a collateral source. (emphasis added).
Florida Statute § 768.76
2. An injured party is entitled to recover the reasonable value of medical care resulting from
a defendant's negligence and the reasonable value of the medical services limited to the
amount accepted as payment in full for medical services. See, Cooperative Leasing, Inc. v.
Johnson, 872 So. 2d 956 (Fla. 2d DCA 2004).
3. The Court’s rationale in Cooperative Leasing in not allowing the plaintiff to recover
medical expenses beyond those paid by Medicare, was that she would never have any
liability for those expenses and would have been made whole by an award limited to the
amount that Medicare paid to her medical providers. Id. at 958.
4. In Thyssenkrupp, the Fourth District Court of Appeal held that the amount charged by
medical providers in excess of what Medicare paid was inadmissible as Plaintiff was not
legally obligated to repay this amount and would result in an unwarranted surplus damages
award. Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547,550 (Fla. 4th DCA 2003).
5. The cases cited were based on liens asserted by Medicare, however, the reasoning in those
cases is applicable to this action as the reasonable value of medical services is limited to
the amount accepted as payment in full for the medical services.
6. In the instant matter, Defendants anticipate Plaintiff, SANDRA LITTLE (“Plaintiff”) will
attempt to introduce the full amount of the medical charges incurred to the jury.
7. Plaintiff’s medical providers accepted the amount paid by her employers’ workers’
compensation insurance as full and final settlement of her medical charges.
8. Plaintiff is claiming to have incurred significant medical expenses, however, the lien
amount asserted by her employers’ workers’ compensation insurance is the only amounts
Plaintiff will ever be obligated to pay.
9. Florida Statute §768.76(2)(b), Florida Statutes explicitly designates Workers’
Compensation as a program that should not be considered a collateral source.
10. Pursuant to §§90.401 and 90.402, Florida Statutes, medical charges Plaintiff is not
obligated to pay are irrelevant because they are not owed and do not tend to prove any fact.
11. Defendants anticipate an argument from Plaintiff that this matter is remedied by a post
judgment set-off for the contractual adjustments, however, such measures do not safeguard
against the jury using an inflated and inaccurate figure for Plaintiff’s medical charges in
determining future pain and suffering and future medical expenses.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order
barring Plaintiff, her counsel and witnesses, from directly or indirectly mentioning, introducing,
referring to, or attempting to convey to the jury in any manner whatsoever, any evidence or
testimony regarding any medical charges in excess of the amount paid by her employers’ workers’
compensation insurance and any other relief it deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
electronic mail to: Shane A. Newlands, Esquire, William L. Clark, Esquire, and Jeremiah C. Fues,
Esquire, Attorneys for Plaintiff, on this 27TH day of April, 2023.
/s/ Brendan N. Keeley
BRENDAN N. KEELEY, ESQUIRE
Florida Bar Number: 22647
WILLIAM M. BLUME III, ESQUIRE
Florida Bar Number: 93723
BAUMANN, GANT & KEELEY, P.A.
1200 Riverplace Blvd., Suite 620
Jacksonville, Florida 32207
904/619-7129 - telephone
904/374-8964 - facsimile
bkeeley@baumannlegal.com
wblume@baumannlegal.com
bredish@baumannlegal.com
Attorney for Defendant
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Filing # 171909738 E-Filed 04/27/2023 09:28:58 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2023-CA-0022 SANDRA LITTLE, Plaintiff, vs. ST. CLAIR CORPORATION, INC., Defendant. _____________________________/ DEFENDANT’S MOTION IN LIMINE REGARDING MEDICAL BILLS PRESENTED TO THE JURY COMES NOW, Defendant, ST. CLAIR CORPORATION, INC., (hereinafter, Defendant), pursuant to the applicable Florida Rule of Civil Procedure and Florida Rules of Evidence, moves the Court to enter an Order excluding any evidence or testimony regarding any medical charges in excess of the amount paid by Workers’ Compensation and states: 1. Section 768.76, Florida Statutes, states in relevant part: (1) In any action to which this part applies in which liability is admitted or is determined by the trier of fact and in which damages are awarded to compensate the claimant for losses sustained, the court shall reduce the amount of such award by the total of all amounts which have been paid for the benefit of the claimant, or which are otherwise available to the claimant, from all collateral sources; however, there shall be no reduction for collateral sources for which a subrogation or reimbursement right exists. Such reduction shall be offset to the extent of any amount which has been paid, contributed, or forfeited by, or on behalf of, the claimant or members of the claimant's immediate family to secure her or his right to any collateral source benefit which the claimant is receiving as a result of her or his injury. (2) For purposes of this section: (a) "Collateral sources" means any payments made to the claimant, or made on the claimant's behalf, by or pursuant to: ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/28/2023 01:24:55 PM 1. The United States Social Security Act, except Title XVIII and Title XIX; any federal, state, or local income disability act; or any other public programs providing medical expenses, disability payments, or other similar benefits, except those prohibited by federal law and those expressly excluded by law as collateral sources. 2. Any health, sickness, or income disability insurance; automobile accident insurance that provides health benefits or income disability coverage; and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by her or him or provided by others. 3. Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services. 4. Any contractual or voluntary wage continuation plan provided by employers or by any other system intended to provide wages during a period of disability. (b) Notwithstanding any other provision of this section, benefits received under Medicare, or any other federal program providing for a Federal Government lien on or right of reimbursement from the plaintiff’s recovery, the Workers' Compensation Law, the Medicaid program of Title XIX of the Social Security Act or from any medical services program administered by the Department of Health shall not be considered a collateral source. (emphasis added). Florida Statute § 768.76 2. An injured party is entitled to recover the reasonable value of medical care resulting from a defendant's negligence and the reasonable value of the medical services limited to the amount accepted as payment in full for medical services. See, Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956 (Fla. 2d DCA 2004). 3. The Court’s rationale in Cooperative Leasing in not allowing the plaintiff to recover medical expenses beyond those paid by Medicare, was that she would never have any liability for those expenses and would have been made whole by an award limited to the amount that Medicare paid to her medical providers. Id. at 958. 4. In Thyssenkrupp, the Fourth District Court of Appeal held that the amount charged by medical providers in excess of what Medicare paid was inadmissible as Plaintiff was not legally obligated to repay this amount and would result in an unwarranted surplus damages award. Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547,550 (Fla. 4th DCA 2003). 5. The cases cited were based on liens asserted by Medicare, however, the reasoning in those cases is applicable to this action as the reasonable value of medical services is limited to the amount accepted as payment in full for the medical services. 6. In the instant matter, Defendants anticipate Plaintiff, SANDRA LITTLE (“Plaintiff”) will attempt to introduce the full amount of the medical charges incurred to the jury. 7. Plaintiff’s medical providers accepted the amount paid by her employers’ workers’ compensation insurance as full and final settlement of her medical charges. 8. Plaintiff is claiming to have incurred significant medical expenses, however, the lien amount asserted by her employers’ workers’ compensation insurance is the only amounts Plaintiff will ever be obligated to pay. 9. Florida Statute §768.76(2)(b), Florida Statutes explicitly designates Workers’ Compensation as a program that should not be considered a collateral source. 10. Pursuant to §§90.401 and 90.402, Florida Statutes, medical charges Plaintiff is not obligated to pay are irrelevant because they are not owed and do not tend to prove any fact. 11. Defendants anticipate an argument from Plaintiff that this matter is remedied by a post judgment set-off for the contractual adjustments, however, such measures do not safeguard against the jury using an inflated and inaccurate figure for Plaintiff’s medical charges in determining future pain and suffering and future medical expenses. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order barring Plaintiff, her counsel and witnesses, from directly or indirectly mentioning, introducing, referring to, or attempting to convey to the jury in any manner whatsoever, any evidence or testimony regarding any medical charges in excess of the amount paid by her employers’ workers’ compensation insurance and any other relief it deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via electronic mail to: Shane A. Newlands, Esquire, William L. Clark, Esquire, and Jeremiah C. Fues, Esquire, Attorneys for Plaintiff, on this 27TH day of April, 2023. /s/ Brendan N. Keeley BRENDAN N. KEELEY, ESQUIRE Florida Bar Number: 22647 WILLIAM M. BLUME III, ESQUIRE Florida Bar Number: 93723 BAUMANN, GANT & KEELEY, P.A. 1200 Riverplace Blvd., Suite 620 Jacksonville, Florida 32207 904/619-7129 - telephone 904/374-8964 - facsimile bkeeley@baumannlegal.com wblume@baumannlegal.com bredish@baumannlegal.com Attorney for Defendant