Thomas v. Daniel

Sean Thomas, defendant below, appeals a final judgment in favor of plaintiff, Bradford M. Daniel, and argues that the trial court erred by: (1) striking Thomas’s attempts to raise a third-party liability defense; and (2) refusing to grant a set-off for personal injury protection (PIP) benefits based upon a jury award of $6000 for future medical expenses. We affirm the first issue, but reverse the refusal to grant the $6000 PIP set-off because, as Daniel correctly conceded during appellate oral argument, the supreme court’s recent decision in Rollins v. Pizzarelli, - So.2d -, 24 Fla. L. Weekly…