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** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/6/2013 11:21:16 AM.****
Electronically Filed 06/06/2013 11:21:16 AM ET
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 06 2012 CA 019330 AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant, /
MOTION IN LIMINE TO LIMIT EVIDENCE RELATING TO PLAINTIFF'S
MEDICAL BILLS TO THE AMOUNT PAID BY MEDICARE
Defendant, VLN DEVELOPMENT, LLC, by and through its undersigned counsel,
hereby files this Motion in Limine to limit all evidence regarding the Plaintiff, MARY
JOHNSTON’S, medical bills to that amount paid by Medicare to the medical providers, and in
support thereof states the following:
1. This is an action in which Plaintiff, MARY JOHNSTON, is suing Defendant for
injuries she allegedly sustained on the premises located at 9866 West Sample Road, Coral
Springs, Florida 33065.
2. Defendant reasonably anticipates that Plaintiff will seek to introduce evidence at
trial regarding the gross amount of the medical expenses she allegedly incurred as a result of her
injuries.
3. Plaintiff is a Medicare recipient and the amount that Medicare paid on Plaintiff's
behalf in full satisfaction of her past medical expenses is considerably less than the gross or full
amount of past medical expenses she incurred.4, As such, any evidence allowed of Plaintiffs medical bills must be limited to the
amount paid by Medicare. See, Thyssenkrupp Elevator Corp. v. Lasky, 868 So.2d 547 (Fla. 4m
DCA 2003); Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956, 957-958 (Fla. 2d DCA
2004).
5. “Allowing the admission of evidence of the excess discharged by Medicare
payment has the effect of ‘providing an undeserved and unnecessary windfall to the plaintiff.’”
Thyssenkrupp Elevator Corp., 868 So.2d at 550.
6. The appropriate measure of compensatory damages for past medical expenses
when a plaintiff has received Medicare benefits does not include the difference between the
amount that the Medicare providers agreed to accept and the total amount of the plaintiff's
medical bills.” Cooperative Leasing Inc. v. Domer, 872 So. 2d 956, 957-958 (Fla. 2d DCA
2004).
7. The legal purpose of compensatory damages “is to make the injured party whole .
.. the primary basis for an award of damages is compensation.” Domer, 872 So. 2d at 957. “The
reasonable value of medical services is limited to the amount accepted as payment in full for
medical services.” Id. at 958.
8. Therefore, as held in Domer, “the appropriate measure of compensatory damages
for past medical expenses when a plaintiff has received Medicare benefits does not include the
difference between the amount that the Medicare providers agreed to accept and the total amount
of the plaintiff's medical bills.” Domer, 872 So. 2d at 960.
9. The Domer Court stated that trial courts should grant motions in limine which
prohibit plaintiffs from introducing the full amount of their medical bills into evidence. Id.
10. Benefits received under Medicare are not considered a collateral source.Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547, 550 (Fla. 4th DCA 2003); Fla. Stat.
768.76(2)(b). As a result, “evidence of governmental or charitable benefits available to all
citizens should not be precluded by the evidentiary portion of the collateral source rule.”
Nationwide Mutual Fire Ins. Co. v. Harrell, 53 So. 3d 1084, 1087 (Fla. 1st DCA 2010), citing
Florida Physician’s Ins. Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984).
11. Further, Fla. Stat. § 90.403 requires the exclusion of evidence “if its probative
yalue is substantially outweighed by the danger of unfair prejudice, confusion of issues,
misleading the jury, or needless presentation of cumulative evidence.” Evidence regarding the
full amount of Plaintiff’s medical bills will have a prejudicial effect on the Defendant and have
the potential to mislead the jury from the matter in controversy or lead to the confusion of issues.
12. Any introduction of evidence relating to the full amount of Plaintiff's medical
bills would be meant solely to create unfair prejudice against the Defendant, mislead, and
confuse the jury.
13. As such, Plaintiff must be precluded from introducing the full amount of her
medical bills into evidence and the only amount allowed into evidence must be limited to that
amount paid by Medicare.
WHEREFORE, Defendant, VLN DEVELOPMENT, LLC, respectfully requests that
this Honorable Court enter an Order granting this Motion in Limine limiting the evidence of
Plaintiff's medical bills to the amount paid by Medicare and prohibiting the introduction of the
full amount of her medical bills into evidence, and for any such further relief that this Honorable
Court deems appropriate.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email this Cts day of June, 2013, to: Robert Vessel, Esquire; Shyamie Dixit, Jr., Esquire,respectivly: rvessel@dixitlaw.com; sdixit@dixitlaw.com; shyamiedixit@ gmail.com;
scampbell @dixitlaw.com.
12470/653
POWERS MCNALIS TORRES TEEBAGY LUONGO
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
Service Email: eservice @powersmcnalis.com
¢ Pefendant, VLN Development
. Alexander, Esquire
d4 Bar No,: 587141
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** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/6/2013 11:21:16 AM.**** Electronically Filed 06/06/2013 11:21:16 AM ET IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 06 2012 CA 019330 AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant, / MOTION IN LIMINE TO LIMIT EVIDENCE RELATING TO PLAINTIFF'S MEDICAL BILLS TO THE AMOUNT PAID BY MEDICARE Defendant, VLN DEVELOPMENT, LLC, by and through its undersigned counsel, hereby files this Motion in Limine to limit all evidence regarding the Plaintiff, MARY JOHNSTON’S, medical bills to that amount paid by Medicare to the medical providers, and in support thereof states the following: 1. This is an action in which Plaintiff, MARY JOHNSTON, is suing Defendant for injuries she allegedly sustained on the premises located at 9866 West Sample Road, Coral Springs, Florida 33065. 2. Defendant reasonably anticipates that Plaintiff will seek to introduce evidence at trial regarding the gross amount of the medical expenses she allegedly incurred as a result of her injuries. 3. Plaintiff is a Medicare recipient and the amount that Medicare paid on Plaintiff's behalf in full satisfaction of her past medical expenses is considerably less than the gross or full amount of past medical expenses she incurred.4, As such, any evidence allowed of Plaintiffs medical bills must be limited to the amount paid by Medicare. See, Thyssenkrupp Elevator Corp. v. Lasky, 868 So.2d 547 (Fla. 4m DCA 2003); Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956, 957-958 (Fla. 2d DCA 2004). 5. “Allowing the admission of evidence of the excess discharged by Medicare payment has the effect of ‘providing an undeserved and unnecessary windfall to the plaintiff.’” Thyssenkrupp Elevator Corp., 868 So.2d at 550. 6. The appropriate measure of compensatory damages for past medical expenses when a plaintiff has received Medicare benefits does not include the difference between the amount that the Medicare providers agreed to accept and the total amount of the plaintiff's medical bills.” Cooperative Leasing Inc. v. Domer, 872 So. 2d 956, 957-958 (Fla. 2d DCA 2004). 7. The legal purpose of compensatory damages “is to make the injured party whole . .. the primary basis for an award of damages is compensation.” Domer, 872 So. 2d at 957. “The reasonable value of medical services is limited to the amount accepted as payment in full for medical services.” Id. at 958. 8. Therefore, as held in Domer, “the appropriate measure of compensatory damages for past medical expenses when a plaintiff has received Medicare benefits does not include the difference between the amount that the Medicare providers agreed to accept and the total amount of the plaintiff's medical bills.” Domer, 872 So. 2d at 960. 9. The Domer Court stated that trial courts should grant motions in limine which prohibit plaintiffs from introducing the full amount of their medical bills into evidence. Id. 10. Benefits received under Medicare are not considered a collateral source.Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547, 550 (Fla. 4th DCA 2003); Fla. Stat. 768.76(2)(b). As a result, “evidence of governmental or charitable benefits available to all citizens should not be precluded by the evidentiary portion of the collateral source rule.” Nationwide Mutual Fire Ins. Co. v. Harrell, 53 So. 3d 1084, 1087 (Fla. 1st DCA 2010), citing Florida Physician’s Ins. Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984). 11. Further, Fla. Stat. § 90.403 requires the exclusion of evidence “if its probative yalue is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” Evidence regarding the full amount of Plaintiff’s medical bills will have a prejudicial effect on the Defendant and have the potential to mislead the jury from the matter in controversy or lead to the confusion of issues. 12. Any introduction of evidence relating to the full amount of Plaintiff's medical bills would be meant solely to create unfair prejudice against the Defendant, mislead, and confuse the jury. 13. As such, Plaintiff must be precluded from introducing the full amount of her medical bills into evidence and the only amount allowed into evidence must be limited to that amount paid by Medicare. WHEREFORE, Defendant, VLN DEVELOPMENT, LLC, respectfully requests that this Honorable Court enter an Order granting this Motion in Limine limiting the evidence of Plaintiff's medical bills to the amount paid by Medicare and prohibiting the introduction of the full amount of her medical bills into evidence, and for any such further relief that this Honorable Court deems appropriate. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email this Cts day of June, 2013, to: Robert Vessel, Esquire; Shyamie Dixit, Jr., Esquire,respectivly: rvessel@dixitlaw.com; sdixit@dixitlaw.com; shyamiedixit@ gmail.com; scampbell @dixitlaw.com. 12470/653 POWERS MCNALIS TORRES TEEBAGY LUONGO P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile Service Email: eservice @powersmcnalis.com ¢ Pefendant, VLN Development . Alexander, Esquire d4 Bar No,: 587141