Proposed ‘PIP’ jury instructions

first_imgThe Supreme Court Committee on Standard Jury Instructions in Civil Cases is proposing an instruction and verdict form for claims for personal injury protection (PIP) medical benefits, which are reproduced in full below as well as online at www.floridabar.org. Interested persons may provide comments on the proposals by December 15, but are encouraged to submit them by November 1 for consideration at the committee’s meeting on November 3-4. All comments should be sent to the committee chair, Scott D. Makar, Office of General Counsel, 117 West Duval St., Suite 480, Jacksonville 32202-5721 or via e-mail at [email protected] MI 13 CLAIM FOR PERSONAL INJURY PROTECTION BENEFITS (PIP) (Medical Benefits Only) a. Issues: (Plaintiff) seeks personal injury benefits from (Defendant) for [a medical service] [medical services]. (Plaintiff) is entitled to recover benefits if the service[s] is [are] related to the accident, the service[s] is [are] medically necessary, and the charge[s] for the service[s] is [are] reasonable. [Give this preemptive instruction only where rulings or stipulations have altered the number of issues to be proven.] In this case, there is no dispute that (the service[s] is [are] related to the accident) [and] (that the service[s] is [are] medically necessary) [and] (that the charge[s] is [are] reasonable), but there is dispute over (whether the service[s] is [are] related to the accident) [and] (whether the service[s] is [are] medically necessary) [and] (whether the charge[s] for the service[s] is [are] reasonable). [To be given in all cases. Alter numbering where required due to rulings or stipulations.] Therefore, on this claim for personal injury benefits, you must decide the following: The first issue is whether the service is related to the automobile accident of (date). If you decide that a service is not related to the accident, you should not award damages for that service. If you decide that one or more services are related to the accident, you must then decide a second issue. The second issue is whether the service is medically necessary. If you decide that a service was not medically necessary, you should not award damages for that service. If you decide that one or more services are medically necessary, you must then decide a third issue. The third issue is whether the charge is reasonable. If you find the charge for a service or services reasonable, you should award that amount as damages. If you find the charge for a service is not reasonable, you should determine what is a reasonable amount and award that amount. In determining these issues, you should apply the following definitions: [Give applicable definitions below] a. Services: The term “services” includes, but is not limited to, treatment, diagnostic studies, and supplies provided by the medical provider to the insured. b. Medically Necessary: “Medically necessary” refers to a medical service or supply that a prudent physician would provide for the purpose of preventing, diagnosing, or treating an illness, injury, disease, or symptom in a manner that is: (a) In accordance with generally accepted standards of medical practice; (b) Clinically appropriate in terms of type, frequency, extent, site, and duration; and, (c) Not primarily for the convenience of the patient, physician, or other health care provider. c. Reasonable Charge: 1 In deciding whether the amount of a charge is reasonable, you may consider evidence of: · usual and customary amounts charged and payments accepted by the provider; · reimbursement levels in the community; · various federal and state medical fee schedules applicable to automobile coverages; and · any other evidence relevant to the reasonableness of the charges. You may not, however, award an amount that exceeds the amount the provider customarily charges for like services or supplies. [Burden – To be given in all cases.] If the greater weight of the evidence does not support the claim of (Plaintiff), then your verdict should be for (Defendant). However if the greater weight of the evidence does support the claim of (Plaintiff), then your verdict should be for (Plaintiff) and against (Defendant). [Give when defenses to the claim have been raised.] If, however, the greater weight of the evidence does support the claim of (Plaintiff), then you shall consider the defense[s] raised by (Defendant). [Give in all cases.] “Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case. NOTES ON USE This instruction assumes that the jury will be asked to decide the total amount of medical charges. It is anticipated that the judge will adjust this award in entering judgment to account for any payments previously made by the insurer, as well as for the effect of the 80% limitation in section 627.736(1)(a) and any deductible. COMMENT 1. The definition of “medically necessary” is based on section 736.732(2), Florida Statutes (2003). The committee has added the option of a “prudent health care provider” to this definition in anticipation that the phrase, “prudent physician,” as described in the statute could sometimes be inadequate. This statutory definition is somewhat complex. It is possible that the parties could agree upon a plainer and simpler definition. 2. No definition of “related” is provided in this instruction. Causation can be a complex issue in a PIP case. Generally, to invoke this insurance coverage a bodily injury must “arise out of the ownership, maintenance, or use of a motor vehicle.” See § 768.736(1), Fla. Stat. (2003); Lumbermen’s Mutual Casualty Co. v. Castagna, 368 So. 2d 348 (Fla. 1979). The medical treatment covered by the insurance policy is the treatment that is related to the bodily injury arising out of the ownership, maintenance, or use of the motor vehicle. The committee has been advised that most practitioners prefer to use the term, “related,” as a simple method to explain causation to the jury. The committee does not intend for S.J.I. 5.1 to be given in a PIP case as an explanation of causation. (Footnotes) 1 T his statutory description of reasonable amount may require a supplemental instruction for fee capped diagnostic testing services as described in Section 627.736(5)(b), Florida Statutes (2003). IN THE COUNTY COURT IN AND FOR _________________COUNTY, FLORIDA Case No. Judge Plaintiff, v. Defendant. ________________________________/ VERDICT FORM MI 13 PIP – Medical Services 1. Are any of the services related to the accident of (date). ______ Yes ______ No If your answer is no, your verdict is for the Defendant and you should go no further but to sign and date the verdict form. If your answer is yes, you should answer question 2. 2. Are any of the services medically necessary? ______ Yes ______ No If your answer is no, your verdict is for the Defendant and you should go no further but to sign and date the verdict form. If your answer is yes, you should answer question 3. 3. Are [is] the charge[s] for the service[s] reasonable? If you find the charge or charges reasonable, you should proceed to number 4. However, if you find the charge or charges unreasonable, you must determine a reasonable amount for the charge or charges, then proceed to question 4. 4. What is the total amount do you find reasonable? $____________________ SO SAY WE ALL, this _____ day of ________________________, _______. ___________________________ FOREPERSON October 15, 2005 Regular News Proposed ‘PIP’ jury instructionscenter_img Proposed ‘PIP’ jury instructionslast_img read more

Giancarlo Stanton wins Home Run Derby; Corey Seager out after one round

first_imgStanton also hit the longest home run of the day, estimated at 497 feet, and ate without guilt into the brick facade of the Western Metal Supply Co. building in left field. His three-round total of 61 home runs set a new record for the event.A broken bone in his left hand prevented Stanton from appearing in the Home Run Derby last season. He hit six home runs in the 2014 contest in Minnesota when there was a different format with no clock.“I grew up watching this,” he said. “That’s where you build up childhood memories. Now I’ll have kids saying the same thing — they watched me do this. I’d like to return the favor.”The Sherman Oaks Notre Dame product wasn’t selected to the National League All-Star team this year, but agreed to participate in the event anyway. The All-Star Game will be played Tuesday.Those who have shown up early to Marlins games at Dodger Stadium already knew of Stanton’s prodigious power. He’s among the few players to hit a ball out of the park in batting practice. His average home run Monday traveled 446 feet. What are the odds that Stanton parachutes into the Derby to dominate every year, whether he’s an All-Star or not?“Depends how the year’s going, depends where it is,” he said. “Next year it’s at home (in Miami) so there’s a pretty good chance.”Among the eight participants, Dodgers rookie Corey Seager ran into a tough first-round draw. He was the first player to bat and was pitted against Mark Trumbo, whose 28 home runs lead the major leagues.Seager started slowly by Derby standards. He sprayed a series of line drives around right field — some fair, some foul. About halfway through his four-minute allotment, Seager said he was able to relax. The ball began to carry a bit more, a few drifted toward center field, and 15 cleared the fences once his time was up.The Dodgers were offering a $5 discount to their Aug. 14 home game against the Pittsburgh Pirates for every round that Seager advanced. Trumbo, an Orange County native who becomes a free agent next year, apparently doesn’t care for hometown discounts. He hit his 16th home run with seven seconds to spare. With Seager eliminated, a few fans in attendance chanted “Beat L-A.”“It was a lot of fun,” the rookie shortstop said. “It’s one of those things that not a lot of people get to experience, and to be able to do it with my dad makes it that much more fun.”Derby participants are allowed to choose their own pitcher, and Jeff Seager said he was “honored” to get the call from his son last week.“I was really happy, obviously, that he thought of me,” Seager said. Frazier broke Prince Fielder’s all-time record for career home runs in the event. He has 92 to Fielder’s 81. Frazier beat Dodgers center fielder Joc Pederson in the final round of last year’s event in Cincinnati to claim the title. SAN DIEGO >> Two men stood on the balcony of a high-rise across the street from Petco Park, about 20 stories up, holding a homemade sign that read “HIT HERE FREE BEER” with a target in the middle.Giancarlo Stanton didn’t hit the sign, but he earned the free beer.The Miami Marlins slugger hit 24 home runs on 30 swings in the first round, eliminated baseball’s leading home run hitter in the second round, then hit 20 home runs in the final round to beat Todd Frazier of the Chicago White Sox for the title.“Taking a flight out here just for this, I figure that it’s a waste if I don’t get this bad boy,” he said, patting the silver trophy awarded to the Derby champion.center_img Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more

Džanan Musa is the best Shooter of the European Championship!

first_imgThe junior national basketball team of Bosnia and Herzegovina successfully completed the group stage of the European Championship. With two victories and one defeat, they managed to reach the quarterfinals of the championship which is being played in Samsun, Turkey this year.The amazing Džanan Musa won the title of the best shooter in Eurobasket.In three played matches at the European Championship in Turkey, Musa scored 61 points, which is on average 20.3 points per match.(Source: radiosarajevo.ba)last_img read more