Court: Florida Second District Court of Appeal
Case No.: 2D2024-1121
Date: September 5, 2025
Lower Court: Circuit Court for Hillsborough County, Judge Lindsay M. Alvarez
Parties: Appellant/Plaintiff — Elizabeth D. Buchman | Appellee/Defendant — John F. McDonald
Counsel for Appellant: Michael E. Beam, Doran, Beam & Farrell, P.A., New Port Richey
Counsel for Appellee: Drew W. Peeler and Kevin D. Franz, Boyd & Jenerette, P.A., Boca Raton
Panel: ROTHSTEIN-YOUAKIM, J. (majority); VILLANTI, J., concurring; MOE, J., dissenting
The Collision, the Bills, and the Jury’s Number
Buchman sued McDonald for a 2015 Florida auto crash. McDonald admitted negligence; the trial went solely to damages. Buchman sought $114,973.75 in past medicals:
- Florida providers (2015 timeline): $26,922.90 (Florida Wellness $5,095.90; Katz Orthopedic $1,937.00; Rose Radiology $6,600.00; Trinity Spine $10,850.00; Palm Harbor MRI $2,440.00).
- Massachusetts providers (years later): $88,050.85 (Northshore/Partners $84,510.85; Harmeling PT $410.00; Bay State PT $3,130.00).
In closing, the defense told the jury that if it awarded anything, it should limit recovery to Florida treatment excluding the $2,440 Palm Harbor MRI (appointment canceled due to claustrophobia), totaling $24,482.90. The jury awarded exactly $24,482.90 in past medical expenses and nothing more.
The Setoff Fight After Verdict
Post-trial, McDonald moved to offset the verdict by:
- $41,202.37 in health-insurance contractual discounts tied to the Massachusetts bills; and
- the full $8,000 PIP benefits, including $2,440 allegedly paid for the Palm Harbor MRI that did not occur.
The trial court granted the offsets and amended Buchman’s award down to zero, then entered final judgment.
The 2d DCA’s Holding
The Second DCA reversed in part and affirmed in part:
- Reading § 768.76(1) in context (“for losses sustained”). Although the statute directs courts to reduce an award by the “total of all amounts” from collateral sources (health insurance/PIP), the panel held that phrase must be read in the context of the damages the jury actually awarded “for losses sustained.” Here, the jury—guided by defense argument—necessarily excluded:
- the Massachusetts medicals (found unrelated to the crash), and
- the $2,440 Palm Harbor MRI (no visit).
Because those sums weren’t included in the damages award, the trial court erred by subtracting their collateral source amounts from Buchman’s verdict.
- PIP setoff (§ 627.736(3)). A plaintiff has “no right to recover” damages for which PIP is paid or payable. But Buchman did not recover the $2,440 MRI “as damages.” Using PIP to offset a non-awarded item would not prevent double recovery—it would wipe out a valid award.
- Lump-sum verdict clarity. Even though the verdict wasn’t itemized, the record and defense’s penny-specific closing made it “not difficult to square the verdict with the evidence”—the court could draw a direct line to the Florida charges excluding the MRI.
Disposition: The DCA instructed the trial court to enter a setoff of $5,560 (undisputed portion applicable to awarded Florida expenses), revise the judgment accordingly, and otherwise affirmed.
Dissent (MOE, J.): Would affirm. Reads § 768.76(1)’s “shall reduce” as mandatory once liability and a damages award exist, without carving out discretion based on what the jury did or didn’t include dollar-by-dollar.
Why This Case Matters
- No “phantom” offsets. Defendants cannot erase a verdict by invoking collateral source payments tied to expenses the jury didn’t award.
- Context controls setoff. § 768.76(1) and § 627.736(3) both aim to prevent double recovery, not to grant a windfall to tortfeasors when a jury limits damages.
- Trial strategy has consequences. When defense tells the jury the exact figure to award (and wins), it’s hard to seek post-trial offsets that contradict that very theory.
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- Personal Injury Protection and Billing in the Time of COVID-19 (PIP basics & billing)
- What to Expect During a Lawsuit
- How Long Does It Take to Get an Injury Settlement?
Today’s Insight
“Injustice anywhere is a threat to justice everywhere.”