Iosilevich v. Testa

District Court of Appeal of Florida

Iosilevich v. Testa

573 So. 2d 422, 1991 Fla. App. LEXIS 566, 1991 WL 7699

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1991

DocketNo. 89-2909

StatusPublished

This text of 573 So. 2d 422 (Iosilevich v. Testa) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iosilevich v. Testa, 573 So. 2d 422, 1991 Fla. App. LEXIS 566, 1991 WL 7699 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The only medical testimony presented by Rosemarie Testa in this personal injury action against the Iosileviches was the statement of Testa’s chiropractor-employer that her medical condition “was worse” after the accident than it had been when he treated her six years earlier. Because the record is devoid of any competent medical evidence showing that Testa sustained a permanent injury as a result of the accident with Iosilevich, the judgment cannot stand. Greene v. Flewelling, 366 So.2d 777 (Fla. 2d DCA 1978), cert. denied, 374 So.2d 99 (Fla.1979); Refior v. Matuszcak, 358 So.2d 95 (Fla. 4th DCA), cert. denied, 362 So.2d 1055 (Fla. 1978); Avis Rent-A-Car Sys., Inc. v. Stuart, 301 So.2d 29 (Fla. 2d DCA 1974).

Reversed and remanded with instructions to enter a judgment for the defendants in accordance with their motion for a directed verdict.

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PER CURIAM.

The only medical testimony presented by Rosemarie Testa in this personal injury action against the Iosileviches was the statement of Testa’s chiropractor-employer that her medical condition “was worse” after the accident than it had been when he treated her six years earlier. Because the record is devoid of any competent medical evidence showing that Testa sustained a permanent injury as a result of the accident with Iosilevich, the judgment cannot stand. Greene v. Flewelling, 366 So.2d 777 (Fla. 2d DCA 1978), cert. denied, 374 So.2d 99 (Fla.1979); Refior v. Matuszcak, 358 So.2d 95 (Fla. 4th DCA), cert. denied, 362 So.2d 1055 (Fla. 1978); Avis Rent-A-Car Sys., Inc. v. Stuart, 301 So.2d 29 (Fla. 2d DCA 1974).

Reversed and remanded with instructions to enter a judgment for the defendants in accordance with their motion for a directed verdict.

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Bluebook (online)

573 So. 2d 422, 1991 Fla. App. LEXIS 566, 1991 WL 7699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iosilevich-v-testa-fladistctapp-1991.

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