Hughes v. Enterprise Leasing Co.

William W. Hughes, Jr., as personal representative of the estates of William W. Hughes, Sr., and Martha Hughes, (“appellant”) challenges the trial court’s deduction of the amount of uninsured motorist (“UM”) benefits received by appellant from the jury’s award of compensatory damages. We reverse.

Section 768.041(2), Florida Statutes (2000), provides that if the plaintiff has provided a release or covenant not to sue in partial satisfaction of the damages sued for, the trial court may set-off that amount from the final judgment. Enterprise Leasing Company South Central, Inc. (“appellee”) argues…