Gormley v. GTE Products Corp.

I must dissent from the decision to affirm. In my view, there is no basis whatever for departing from the rule embodied in Cook v. Eney, 277 So.2d 848 (Fla. 3d DCA 1973), cert. denied, 285 So.2d 414 (Fla. 1973), that an improper reference to the plaintiff's receipt of collateral payments prejudicially affects his ability to recover for the same loss from a third party. This doctrine, as articulated and applied in Cook, is both independently well-founded and, undoubtedly for that reason, is supported by a virtual unanimity of authority to the same effect. Following the rule of stare decisis, I…