ODOM v. CARNEY

No. 91-3215.

625 So.2d 850 (1993)

Gary ODOM, Appellant, v. Thomas F. CARNEY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 15, 1993.


Attorney(s) appearing for the Case

Gary H. Marks of Law Offices of Gary Marks, Fort Lauderdale, for appellant.

Rosemary Wilder of Law Offices of Richard A. Sherman, P.A., and Jack Frost of Gunther & Whitaker, P.A., Fort Lauderdale, for appellee.


FARMER, Judge.

We affirm on all issues except for the setoff issue. In this vigorously contested case arising from an automobile collision, the jury found no permanent injury and that plaintiff's reasonable and necessary medical expenses and lost earnings together totalled $20,000. Defendant filed a post trial motion for a setoff for personal injury protection [PIP] benefits of $10,000. Plaintiff argued that the jury did...

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