ELI WOLF, Appellant, v. EXYLENA WILLIAMS, Appellee. 5th District. Case No. 5D2023-3234. L.T. Case No. 2019-CA-008017. November 25, 2024.
This appeal to the Fifth District Court of Appeals of Florida stems from a jury verdict in favor of the Plaintiff, Exylena Williams, in the underlying lawsuit. The defendant, Eli Wolf, admitted negligence in relation to the motor vehicle collision but contested the severity of Williams’s injuries, which she claimed were permanent spinal damage. Wolf contended that a new trial was necessary for the following reasons: First, Wolf argued that Florida Statute Section 768.0427 should have applied to the underlying trial; Second, Wolf argued that the repeated references to “defense organizations” implied the existence of insurance. The Fifth DCA affirmed the trial court’s decision, holding that the verdict was not the product of reversible error.
The Fifth DCA, in analyzing Wolf’s first argument, noted that the Statute states: “[e]xcept as otherwise expressly provided in this act, this act shall apply to causes of action filed after the effective date of this act.” Ch. 2023-15, § 30, Laws of Fla. Wolf argued that Section 68.0427, which limits evidence of medical expenses in personal injury cases, should have applied retroactively to this case. However, the court held that the statute applies only to cases filed after its effective date in March 2023, whereas Williams filed her lawsuit in 2019.
The Fifth DCA also noted that that the Plaintiff’s references to “defense organizations” was not improper. Wolf claimed that Williams improperly suggested to the jury that he had insurance coverage by using the term “defense organizations” during the trial. The court ruled that this term was permissible as it facilitated legitimate inquiries into potential financial biases of defense experts without explicitly revealing insurance coverage.
Thus, the appellate court found no reversible error in the trial court’s rulings and affirmed the jury’s verdict, which awarded damages to Williams.