Alberta S. Ellison v. Randy Willoughby

Summary

The court held that the defendant failed to preserve a setoff argument under section 768.041(2) because she relied exclusively on the separate collateral-source statute in the trial court. It also held that a settlement payment for first-party uninsured-motorist bad faith damages is not a collateral source under section 768.76(2)(a)2. The court therefore quashed the portion of the district court decision addressing section 768.041(2) and approved the remainder consistent with its opinion.