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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
AMY LUTZ,
Plaintiff,
Case No.: 15-CA-011764
v.
Div.: B
DYLAN CONNER RADICE,
Defendant.
|
PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT
Plaintiff, AMY LUTZ (‘Plaintiff’), moves this Court for the entry of a Final Judgment
pursuant to the jury’s verdict. As grounds for this Motion, Plaintiff states as follows:
il On February 16, 2017, the Plaintiff prevailed at the trial against the Defendant,
DYLAN CONNER RADICE, (“Defendant”) as the jury returned a verdict in favor of the Plaintiff
in the amount of $100,127.72.
aM The parties stipulated at pre-trial that all collateral source setoff issues would be
addressed by the Court post-judgment and the Plaintiff's total medical bills would be presented to
the jury.
ey The jury awarded the Plaintiffs total medical bills in the amount of $57,097.72.
4, Pursuant to Fia.Stat.§768.76, the Defendant is entitled to a reduction in the past
medical award for the total amounts which have been paid for the benefit of the claimant from all
collateral sources, unless the collateral source has a subrogation or reimbursement right.a However, the Plaintiff is entitled to offset any reduction by 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 right to any collateral source benefit. Fila. Stat. §768.76(1).
6. The Plaintiff is entitled to offset a collateral source reduction by the premiums paid
to secure her health insurance, from the date of the accident through the date of the trial. The
Plaintiff's health insurance premium during that time period are computed as follows:
YEAR 3 30 )> Employee’) "2 = Lowe's 22 a Pol
2014 $4,586.40 $8,483.02 $13,069.42
2015 $5,178.16 $9,146.02 $14,324.18
2016 $5,696.08 $9,673.36 $15,369.44
2017 $913.13 $1,441.98 $2,355.11
TOTAL $45,118.15
A copy of the printout of health insurance premiums is attached as Exhibit A.
a The Plaintiff is also entitled to offset any collateral source reduction by the amount
of premiums she paid for her PIP and MedPay insurance for that same time period. Forest v.
Sutherland, 110 So.3d 525 (4 DCA 2013).
8. The PIP and MedPay offsets are calculated as follows: The premiums are paid
every six months. Plaintiff pays premiums for PIP and MedPay semi-annually totaling $484.41.
Six installments have been paid since the accident totaling $2,906.46. A copy of the printout of the
PIP and MedPay premiums is attached hereto as Exhibit B.
1 The Plaintiff’s offsets for her health insurance, PIP and Medpay benefits total
$48,024.61.
10. The Plaintiff's offsets exceed any amount for which the Defendant is entitled to a
collateral source reduction to the past medical bill award of the jury.
11. As aresult, the Plaintiff is entitled to the full award of past medical bills.ne Accordingly, the Plaintiff is entitled to the entry of a Final Judgment in the amount
of $100,127.72, plus taxable cosis, as outlined in the Plaintiffs Motion for Taxable Costs.
iow Pursuant to Plaintiffs Affidavit of Costs, the Plaintiffs taxable costs are
$27,174.13.
14. The Plaintiff attaches a proposed Final Judgment as Exhibit C.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment in the amount
of the jury verdict of $100,127.72, plus taxable costs in the amount of $27,174.13, totaling
$127,301.85, with interest at the legal rate of interest, and to reserve jurisdiction for further
proceedings relating to attorney’s fees and costs pursuant to Fla. Stat. §768.79 and Fla. R. Civ. P.
1.442,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
the Florida E-Filing Portal to: Nicholas D. Zorn, Jr., tampalegal@allstate.com, Law Office of
Robert J. Smith, Attorney for Defendant on April 12, 2017.
s/ J.D. Dowell
J.D. Dowell, Esq. (FBN: 789720)
Pitisci, Dowell & Markowitz
101 S. Moody Avenue, Suite 200
Tampa, Florida 33609
Phone: (813) 228-9233 x 2
Fax: (813) 229-5979
Primary E-Mail: jdowell@pdmmlaw.com
Secondary E-Mail: dgonzalez@pdmmlaw.comMedical x
Tessees User
Options
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‘Toaneee User
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EXHIBITAUTO POLICY ell
What would you !
2015 FORD F150 PICKUP nt
Review your policy info or make changes. Recent policy activity may not be reflected. Contact your ~
agent if you need help with a transaction. Select one Mh Se
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| View more details |
a
Policy Details
Policy owner(s) LUTZ, AMY
Renewal date 06/30/2017
1109 ISLAMORADA LN
Policy mailing address
TAMPA, FL 33606-1955.
Vehicle premium $1,152.97 / 6 mos
Staite Farm Payment Plan account number
f ne
| Pay abili |
Vehicle Details
Annual mileage 10,000
VIN
Vehicle use To work, school, or pleasure
Address where principally garaged 4109 ISLAMORADA LN
TAMPA, FL 33606-1955
Add or replace vehicle
Coverages
Bodily Injury & Property Damage $509.82 / 6 mos aE
: EXHIBIT$155.80/6 mos j
— inl
$28.93/6 mos )
Sa Te
No Feuti
Medical Payments 4
Comprehensive Coverage $44.35 /6 mos
Collision Coverage $268.02 / 6 mos
Car Rental/Travel Expenses $12.00 / 6 mos
Uninsured/Underinsured $133.95 / 6 mos
| Change coverages
Primary driver
Age
| Add a driver
J
r
| Change primary driver
Discounts
Homeownership, Good Driving, Multicar, Vehicle Safety, Antilock Brakes, Antitheft
Total: $558.04 / 6 mos
Deciarations & Policy Information
‘The information presented in this document is not a deolerations page, policy, er endorsement, Recent changes to the policy may not be reflected. The coverages and descriptions are
only general descriptions, and are not part of Ihe contract. If you have any questions about this form or would like to obtain a declarations page or 2 copy of your policy, please contact
your State Farm Agent for assistance.
© Copyright, State Farm Mutual Automobile Insurance Company, 2017.AUTO POLICY
2013 SUBARU XV CROSSTR SPORT WG
Review your policy info or make changes. Recent policy activity may not be reflected. Contact your
agent if you need help with a transaction.
ies are available if you can't find what you're looking for.
ional policy details and acti
| View more detaiis
Policy Details
Policy owner(s) LUTZ, AMY & LUTZ, PAUL
Renewal date 05/03/2017
1109 ISLAMORADA LN
Policy mailing address
TAMPA, FL 33606-1955
Vehicle premium $1,197.83 / 6 mos
State Farm Payment Plan account number
Vehicle Details
Annual mileage 8,000
Vin
Vehicle use To work, school, or pleasure
1109 ISLAMORADA LN
TAMPA, FL 33606-1955
Address where princi
Add or replace veh
Change vehicle usage
Coverages
Bodily Injury & Property Demags $530.19 / 6 mos
What would you like
to do?
| Select oneNo Feult
Medical Payments
$61.03 / 6 mos
Comprehensive Coverage
Collision Coverage $278.55 / 6 mos
Car Rental/Travel Expenses $12.00 / 6 mos
Uninsured/Underinsured $133.95 / 6 mos
i Ghange coverages |
Drivers:
Primary driver
Age
Assigned driver
Age
Add a driver
Hl Change primary driver |
Discounts
Homeownership, Accident Free, Steer Clear Safe Driver, Multicar, Good Student, Vehicle Safety,
Antilock Brakes, Antitheft
Total: $977.76 / 6 mos
Declarations & Policy Information
‘The information presented in this document is not a declarations page, policy, or endorsement. Recent changes to the policy may not be reflected, The coverages and descriptions are
1. you have any questions about this form or would ike to obtain a declarations page or a copy of your polly, please contact
y general descriptions, and are not part of the contract
your Stale Farm Agent for assistance.
© Copyright, State Farm Mutual Automobile insurance Company, 2017.2012 VOLKSWAGEN JETTA 4DR
Review your policy info or make changes. Recent policy activity may not be reflected, Cont
agent if you need help with a transaction.
tact your
Additional policy details and activities are available if you can't find what you're looking for.
Policy Details
Policy owner(s) LUTZ, AMY
Renewal date 05/03/2017
1109 ISLAMORADA LN
Policy mailing address
TAMPA, FL 33606-1955
Vehicle premium $741.91 / 6 mos
State Farm Payment Plan account number
IU
i Paya bill |
ei
Vehicle Details
Annual mileage 10,000
VIN
Vehicle use To work, school, or pleasure
4108 ISLAMORADA LN
Address where principally garaged
TAMPA, FL 33606-1955
Change garage address |
ge vehicle usage
Coverages
Bodily Injury & Property Damage $291.72 / 6 mosMedical Payments
Comprehensive Coverage
$142.61 / 6 mos
Collision Coverege
Car Rental/Travel Expenses $12.00 / 6 mos
$133.95 / 6 mos
Uninsured/Underinsured
| Change coverages |
Drivers
Primary driver
Age
| Add a driver
| Change primary driver
Discounts
Homeownership, Accident Free, Multicar, Vehicle Safety, Antilock Brakes, Antitheft
Total: $328.19 / 6 mos
Declarations & Policy Information
‘The information presented in this document is nat a declsrations page, policy, or endorsement. Recent changes to the policy may not be reflected. The coverages and descrintions ere
only general descriptions, and are not part of the conlrect. If you have any questions about this form or would ike to obtain a declarations page ar a copy of your policy, please contact
your State Farm Agent for assistance,
© Copyright, State Farm Mutual Automobile Insurance Company, 2017.IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
AMY LUTZ,
Plaintiff,
Case Ne.: 15-CA-011764
7 Div.: B
DYLAN CONNER RADICE,
Defendant.
Uf
FINAL JUDGMENT
Pursuant to the jury verdict rendered in this action on February 17, 2017,
IT IS ADJUDGED that Plaintiff, AMY LUTZ, whose address is 1109 Islamorada Lane,
Tampa, Florida 33606, recover from the Defendant, DYLAN CONNER RADICE, whose address
is 12201 Glencliff Circle, Tampa, Florida, 33626 and ALLSTATE INSURANCE COMPANY,
whose principal address is 2775 Sanders Road, Northbrook, Illinois 60062, joint and severally, the
sum of $100,127.72 with costs in the sum of $27,174.13, making a total of $127,301.85, that shall
bear interest at the statutory rate of interest pursuant to Fla. Stat. §55.03(1), from February 16,
2017, for which let execution issue.
Jurisdiction is reserved to consider any motion for and to enter any additional judgment(s)
for Plaintiff's attorneys’ fees and/or costs.
Vv
5
_
ORDERED at Tampa, Hillsborough County, Florida this day of H
HONORABLE ROBERT A. FOSTER, JR.
Circuit Court Judge
Conformed copies to:
jdowell@pdmmlaw.com; dgonzalez@pdmmlaw.com
tampalegal@alistate.com
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION AMY LUTZ, Plaintiff, Case No.: 15-CA-011764 v. Div.: B DYLAN CONNER RADICE, Defendant. | PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT Plaintiff, AMY LUTZ (‘Plaintiff’), moves this Court for the entry of a Final Judgment pursuant to the jury’s verdict. As grounds for this Motion, Plaintiff states as follows: il On February 16, 2017, the Plaintiff prevailed at the trial against the Defendant, DYLAN CONNER RADICE, (“Defendant”) as the jury returned a verdict in favor of the Plaintiff in the amount of $100,127.72. aM The parties stipulated at pre-trial that all collateral source setoff issues would be addressed by the Court post-judgment and the Plaintiff's total medical bills would be presented to the jury. ey The jury awarded the Plaintiffs total medical bills in the amount of $57,097.72. 4, Pursuant to Fia.Stat.§768.76, the Defendant is entitled to a reduction in the past medical award for the total amounts which have been paid for the benefit of the claimant from all collateral sources, unless the collateral source has a subrogation or reimbursement right.a However, the Plaintiff is entitled to offset any reduction by 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 right to any collateral source benefit. Fila. Stat. §768.76(1). 6. The Plaintiff is entitled to offset a collateral source reduction by the premiums paid to secure her health insurance, from the date of the accident through the date of the trial. The Plaintiff's health insurance premium during that time period are computed as follows: YEAR 3 30 )> Employee’) "2 = Lowe's 22 a Pol 2014 $4,586.40 $8,483.02 $13,069.42 2015 $5,178.16 $9,146.02 $14,324.18 2016 $5,696.08 $9,673.36 $15,369.44 2017 $913.13 $1,441.98 $2,355.11 TOTAL $45,118.15 A copy of the printout of health insurance premiums is attached as Exhibit A. a The Plaintiff is also entitled to offset any collateral source reduction by the amount of premiums she paid for her PIP and MedPay insurance for that same time period. Forest v. Sutherland, 110 So.3d 525 (4 DCA 2013). 8. The PIP and MedPay offsets are calculated as follows: The premiums are paid every six months. Plaintiff pays premiums for PIP and MedPay semi-annually totaling $484.41. Six installments have been paid since the accident totaling $2,906.46. A copy of the printout of the PIP and MedPay premiums is attached hereto as Exhibit B. 1 The Plaintiff’s offsets for her health insurance, PIP and Medpay benefits total $48,024.61. 10. The Plaintiff's offsets exceed any amount for which the Defendant is entitled to a collateral source reduction to the past medical bill award of the jury. 11. As aresult, the Plaintiff is entitled to the full award of past medical bills.ne Accordingly, the Plaintiff is entitled to the entry of a Final Judgment in the amount of $100,127.72, plus taxable cosis, as outlined in the Plaintiffs Motion for Taxable Costs. iow Pursuant to Plaintiffs Affidavit of Costs, the Plaintiffs taxable costs are $27,174.13. 14. The Plaintiff attaches a proposed Final Judgment as Exhibit C. WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment in the amount of the jury verdict of $100,127.72, plus taxable costs in the amount of $27,174.13, totaling $127,301.85, with interest at the legal rate of interest, and to reserve jurisdiction for further proceedings relating to attorney’s fees and costs pursuant to Fla. Stat. §768.79 and Fla. R. Civ. P. 1.442, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida E-Filing Portal to: Nicholas D. Zorn, Jr., tampalegal@allstate.com, Law Office of Robert J. Smith, Attorney for Defendant on April 12, 2017. s/ J.D. Dowell J.D. Dowell, Esq. (FBN: 789720) Pitisci, Dowell & Markowitz 101 S. Moody Avenue, Suite 200 Tampa, Florida 33609 Phone: (813) 228-9233 x 2 Fax: (813) 229-5979 Primary E-Mail: jdowell@pdmmlaw.com Secondary E-Mail: dgonzalez@pdmmlaw.comMedical x Tessees User Options ‘Yebases Free ‘Toaneee User Gholee Account Pius “Tebaces ‘Choice Account EXHIBITAUTO POLICY ell What would you ! 2015 FORD F150 PICKUP nt Review your policy info or make changes. Recent policy activity may not be reflected. Contact your ~ agent if you need help with a transaction. Select one Mh Se Additional policy details and activities are available if you can't find what you'te looking for. | View more details | a Policy Details Policy owner(s) LUTZ, AMY Renewal date 06/30/2017 1109 ISLAMORADA LN Policy mailing address TAMPA, FL 33606-1955. Vehicle premium $1,152.97 / 6 mos Staite Farm Payment Plan account number f ne | Pay abili | Vehicle Details Annual mileage 10,000 VIN Vehicle use To work, school, or pleasure Address where principally garaged 4109 ISLAMORADA LN TAMPA, FL 33606-1955 Add or replace vehicle Coverages Bodily Injury & Property Damage $509.82 / 6 mos aE : EXHIBIT$155.80/6 mos j — inl $28.93/6 mos ) Sa Te No Feuti Medical Payments 4 Comprehensive Coverage $44.35 /6 mos Collision Coverage $268.02 / 6 mos Car Rental/Travel Expenses $12.00 / 6 mos Uninsured/Underinsured $133.95 / 6 mos | Change coverages Primary driver Age | Add a driver J r | Change primary driver Discounts Homeownership, Good Driving, Multicar, Vehicle Safety, Antilock Brakes, Antitheft Total: $558.04 / 6 mos Deciarations & Policy Information ‘The information presented in this document is not a deolerations page, policy, er endorsement, Recent changes to the policy may not be reflected. The coverages and descriptions are only general descriptions, and are not part of Ihe contract. If you have any questions about this form or would like to obtain a declarations page or 2 copy of your policy, please contact your State Farm Agent for assistance. © Copyright, State Farm Mutual Automobile Insurance Company, 2017.AUTO POLICY 2013 SUBARU XV CROSSTR SPORT WG Review your policy info or make changes. Recent policy activity may not be reflected. Contact your agent if you need help with a transaction. ies are available if you can't find what you're looking for. ional policy details and acti | View more detaiis Policy Details Policy owner(s) LUTZ, AMY & LUTZ, PAUL Renewal date 05/03/2017 1109 ISLAMORADA LN Policy mailing address TAMPA, FL 33606-1955 Vehicle premium $1,197.83 / 6 mos State Farm Payment Plan account number Vehicle Details Annual mileage 8,000 Vin Vehicle use To work, school, or pleasure 1109 ISLAMORADA LN TAMPA, FL 33606-1955 Address where princi Add or replace veh Change vehicle usage Coverages Bodily Injury & Property Demags $530.19 / 6 mos What would you like to do? | Select oneNo Feult Medical Payments $61.03 / 6 mos Comprehensive Coverage Collision Coverage $278.55 / 6 mos Car Rental/Travel Expenses $12.00 / 6 mos Uninsured/Underinsured $133.95 / 6 mos i Ghange coverages | Drivers: Primary driver Age Assigned driver Age Add a driver Hl Change primary driver | Discounts Homeownership, Accident Free, Steer Clear Safe Driver, Multicar, Good Student, Vehicle Safety, Antilock Brakes, Antitheft Total: $977.76 / 6 mos Declarations & Policy Information ‘The information presented in this document is not a declarations page, policy, or endorsement. Recent changes to the policy may not be reflected, The coverages and descriptions are 1. you have any questions about this form or would ike to obtain a declarations page or a copy of your polly, please contact y general descriptions, and are not part of the contract your Stale Farm Agent for assistance. © Copyright, State Farm Mutual Automobile insurance Company, 2017.2012 VOLKSWAGEN JETTA 4DR Review your policy info or make changes. Recent policy activity may not be reflected, Cont agent if you need help with a transaction. tact your Additional policy details and activities are available if you can't find what you're looking for. Policy Details Policy owner(s) LUTZ, AMY Renewal date 05/03/2017 1109 ISLAMORADA LN Policy mailing address TAMPA, FL 33606-1955 Vehicle premium $741.91 / 6 mos State Farm Payment Plan account number IU i Paya bill | ei Vehicle Details Annual mileage 10,000 VIN Vehicle use To work, school, or pleasure 4108 ISLAMORADA LN Address where principally garaged TAMPA, FL 33606-1955 Change garage address | ge vehicle usage Coverages Bodily Injury & Property Damage $291.72 / 6 mosMedical Payments Comprehensive Coverage $142.61 / 6 mos Collision Coverege Car Rental/Travel Expenses $12.00 / 6 mos $133.95 / 6 mos Uninsured/Underinsured | Change coverages | Drivers Primary driver Age | Add a driver | Change primary driver Discounts Homeownership, Accident Free, Multicar, Vehicle Safety, Antilock Brakes, Antitheft Total: $328.19 / 6 mos Declarations & Policy Information ‘The information presented in this document is nat a declsrations page, policy, or endorsement. Recent changes to the policy may not be reflected. The coverages and descrintions ere only general descriptions, and are not part of the conlrect. If you have any questions about this form or would ike to obtain a declarations page ar a copy of your policy, please contact your State Farm Agent for assistance, © Copyright, State Farm Mutual Automobile Insurance Company, 2017.IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION AMY LUTZ, Plaintiff, Case Ne.: 15-CA-011764 7 Div.: B DYLAN CONNER RADICE, Defendant. Uf FINAL JUDGMENT Pursuant to the jury verdict rendered in this action on February 17, 2017, IT IS ADJUDGED that Plaintiff, AMY LUTZ, whose address is 1109 Islamorada Lane, Tampa, Florida 33606, recover from the Defendant, DYLAN CONNER RADICE, whose address is 12201 Glencliff Circle, Tampa, Florida, 33626 and ALLSTATE INSURANCE COMPANY, whose principal address is 2775 Sanders Road, Northbrook, Illinois 60062, joint and severally, the sum of $100,127.72 with costs in the sum of $27,174.13, making a total of $127,301.85, that shall bear interest at the statutory rate of interest pursuant to Fla. Stat. §55.03(1), from February 16, 2017, for which let execution issue. Jurisdiction is reserved to consider any motion for and to enter any additional judgment(s) for Plaintiff's attorneys’ fees and/or costs. Vv 5 _ ORDERED at Tampa, Hillsborough County, Florida this day of H HONORABLE ROBERT A. FOSTER, JR. Circuit Court Judge Conformed copies to: jdowell@pdmmlaw.com; dgonzalez@pdmmlaw.com tampalegal@alistate.com