Joseph Eugene Thurman v. Shirley B. Mistovich

Negligence, Personal Injury, Car Accident - Thurman sued Mistovich for bodily injuries sustained by him in a traffic accident which occurred on May 8, 1994. Mistovich conceded fault and the trial proceeded solely on the issue of damages sustained by Thurman as a result of the accident. Prior to trial, the parties entered into a "high-low" agreement whereby they agreed that notwithstanding the verdict of the jury, Thurman would receive an amount in damages no less than $20,000.00 but no more than $70,000.00. The agreement was silent with respect to the assessment of costs.

Plaintiff's Verdict - The jury returned a verdict in favor the Defendant. However, pursuant to the high-low agreement, the court entered judgment for the Plaintiff in the amount of $20,000.00, which the trial court applied costs to in the amount of $2,258.19, leaving a total of $17,741.81.

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On appeal, the District Court of Appeal of Florida, First District, reversed and remanded with instructions to apply costs against the Defendant Mistovich instead of Plaintiff Thurman. See 735 So.2d 605 (Fla.App. 1 Dist. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H. Processed by AKM.