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PUBLIX SUPER MARKETS, INC. v. GOMIS

No. 78-1339.

367 So.2d 722 (1979)

PUBLIX SUPER MARKETS, INC., and the Hartford Insurance Group, Appellants, v. Jacobo GOMIS and David S. Gold and Travelers Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

February 20, 1979.

Attorney(s) appearing for the Case

Williams & Tomlinson, Coral Gables, for appellants.

Stabinski, Funt, Levine & Vega, Miami, for appellees.

Before HAVERFIELD, C.J., and PEARSON and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The plaintiff did not, as Section 440.39(3)(a), Florida Statutes (1975) requires, sustain his burden of proof or "demonstrate to the court" that he "did not recover the full value of damages sustained" in his action against a third-party tortfeasor. Nevertheless, the trial judge awarded the appellants, who are the plaintiff's employer and workmen's compensation carrier, only 15% of the compensation benefits paid and payable, rather than the 50%

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