From Casetext: Smarter Legal Research

Readon v. Lim

District Court of Appeal of Florida, Third District
Jul 2, 1997
697 So. 2d 178 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-678

Opinion filed July 2, 1997.

An appeal from the Circuit Court for Dade County, Murray Goldman, Judge.

Parillo, Weiss O'Halloran and Beth M. Gordon, for appellant.

Robert Alan Rosenblatt, for appellee.

Before NESBITT, GERSTEN, and GREEN, JJ.


In this case arising out of an automobile accident, the defendant, Audrey Gillis Readon, appeals the trial court's calculation of damages. We reverse and remand for entry of a judgment consistent with this opinion.

The only damages involved were plaintiff's medical expenses. Without needlessly relating the facts of this case, the judgment is calculated as follows: economic damages ($11,500) — plaintiff's comparative negligence of 30% ($3,450) — personal injury protection benefits ($8,000)= damages for which Readon is liable ($50). See Wiggins v. Braman Cadillac, Inc., 669 So.2d 332, 334 (Fla. 3d DCA 1996); see also Olson v. N. Cole Constr., Inc., 681 So.2d 799, 800 (Fla. 2d DCA 1996).

This includes the plaintiff's $2,000 deductible. See Hannah v. Newkirk, 675 So.2d 112 (Fla. 1996).

Reversed and remanded for entry of a judgment consistent with this opinion.


Summaries of

Readon v. Lim

District Court of Appeal of Florida, Third District
Jul 2, 1997
697 So. 2d 178 (Fla. Dist. Ct. App. 1997)
Case details for

Readon v. Lim

Case Details

Full title:AUDREY GILLIS READON, APPELLANT, vs. MIRTHA KIM LIM, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 2, 1997

Citations

697 So. 2d 178 (Fla. Dist. Ct. App. 1997)

Citing Cases

Hibbard v. McGraw

Nevertheless, Carr received collateral source payments which do reduce economic damages. Wells; Assi v.…

Assi v. Florida Auto Auction of Orlando, Inc.

Case law in Florida supports the method of calculation utilized by the trial court in this case. See Wells v.…