Goble v. Frohman,
No. 2D02-1887 (Fla. Dist. Ct. App. June 25, 2003)

A man who was injured in a motorcycle accident brought suit against the driver who caused the crash and was awarded damages for the medical expenses he incurred as a result of the accident. The man who caused the crash asked that the court reduce the damages to the amount actually paid by the patient and his HMO for medical care, rather than the amount billed by the providers. This was because, although the providers billed almost $600,000 for the crash victim's medical care, they accepted approximately $160,000 as complete payment due to contractual discounts with the victim's HMO. The court limited the damages to the amount actually paid, finding that awarding the amount of the bill would result in a $400,000 windfall to the victim. However, the court certified a question to the Florida Supreme Court to determine if it correctly interpreted the relevant statute.