Evans v. Kabbes

OTT, Judge.

In this personal injury action the trial court granted appellee’s motion in limine and ordered appellant not to present evidence, inquire of any witness or argue to the jury concerning any benefits appellee received from collateral sources as a result of his injuries. The basis of appellee’s motion and the court’s order was that sections 627.736(3) and 627.7372, Florida Statutes, are unconstitutional.

The Florida Supreme Court has now held those statutes constitutional. Purdy v. Gulf Breeze Enterprises, Inc., 403 So.2d 1325 (Fla.1981). The opinion in that case considers and rejects…