Barker v. Palm Beach County

FASTRACK APPEAL

We reverse the final judgment and remand the cause to the trial court. It is clear from the record that the jury was specifically advised during the course of the trial that the plaintiff had PIP insurance to cover her medical expenses and that the defendant was entitled to have credit for the amount of the PIP benefits. However, the jury was not properly instructed, by the trial court, that they should not reduce the amount of compensation to which the plaintiff was otherwise entitled on account of insurance payments. Furthermore, the jury was not instructed that the trial…