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STATE FARM AUTO. INS. v. KLINGLESMITH

No. 97-2919.

717 So.2d 569 (1998)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Julie KLINGLESMITH, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 23, 1998.

Attorney(s) appearing for the Case

Gregory J. Donoghue of Kane, Williams, Singer, Planck & Donoghue, P.A., Rockledge, for Appellant.

R. Keith Williams of R. Keith Williams, P.A., West Melbourne, and Bruce Jacobus, Jr., of Jacobus and Fielding, P.A., Melbourne, for Appellee.

Joseph H. Williams of Troutman, Williams, Irvin, Green & Helms, P.A., Winter Park, as Amicus Curiae of the Florida Academy of Trial Lawyers Association on behalf of Appellee.

THOMPSON, Judge.

State Farm Mutual Automobile Insurance Company ("State Farm") appeals a final judgment awarding damages to Julia Klinglesmith ("Klinglesmith"). State Farm contends that the trial court erred in failing to set off the entire amount of Klinglesmith's medical payments ("medpay") benefits against the jury verdict. We affirm.

Klinglesmith was injured in an automobile accident and sued State Farm seeking uninsured motorist benefits. She obtained...

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