We affirm on the basis of our decision in McMahan v. Toto, 256 F.3d 1120 (11th Cir. 2001), modified, 311 F.3d 1077 (11th Cir. 2002). Because the circumstances of this case are indistinguishable from McMahan, we agree with the district court’s finding that, based on our precedent, Florida Statute § 768.79 applies in this case.

AFFIRMED.