THE FIRST POST 2023 TORT REFORM DECISION—THE TRIAL COURT PROPERLY REFUSED TO APPLY SECTION 768.0427 TO RESTRICT EVIDENCE OF MEDICAL EXPENSES BECAUSE THE STATUTE ACCORDING TO ITS PLAIN LANGUAGE BECAME EFFECTIVE AFTER THE ACTION WAS FILED — THE STATUTE DOES NOT APPLY RETROACTIVELY.

Wolf v. Williams, 49 FLA weekly D2363 and (Fla. 5th DCA Nov. 25, 2024):

The plaintiff sued the defendant for his negligence in a car accident. The defendant admitted negligence. The trial proceeded as to the extent of the plaintiff’s injuries only.

The defendant asked the trial court to apply Section 768.0427, the statute regarding medical expenses which became effective in March of 2023 as part of Florida’s tort reform package. The trial court refused to apply the statute retroactively because the statute’s plain language states that it only applies to causes of action filed after its effective date (and this case was filed before that date).

In this first appellate decision addressing the Tort Reform Act of 2023, this court rejected the defendant’s argument that section 768.0427 could apply to causes of action filed before the effective date of the Act. It reiterated that the plain language of the statute precluded such application.

The other issue on appeal dealt with plaintiff’s counsel’s use of “defense organizations” while questioning witnesses about their possible financial connections to the case, to describe certain entities in the case. The defendant objected, arguing that “defense organizations” was a euphemism to improperly inform the jury that the defendant was covered by insurance. The trial court rejected this argument and ruled that the term did not imply the existence of liability insurance.

The appellate court affirmed, concluding that the trial court did not abuse its discretion in finding that the term was a permissible way to ascertain financial bias, and that the questioning did not warrant a new trial after the jury awarded a plaintiff’s verdict.