Josephson v. Bowers
This text of 595 So. 2d 1045 (Josephson v. Bowers) 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.
Opinion
Selma R. JOSEPHSON, Appellant,
v.
Ronald BOWERS, Appellee.
District Court of Appeal of Florida, Fourth District.
Gail Leverett of Kubicki, Draper, Gallagher & McGrane, P.A., Miami, and Hill, *1046 Neale & Murphy, West Palm Beach, for appellant.
Kim Cocalis and Kimberly Whitaker of Weaver, Kuvin & Weaver, P.A., Fort Lauderdale, for appellee.
PER CURIAM.
The appellant claims error in the trial court's refusal to order a new trial after the jury returned a verdict finding no permanent injury, but awarding appellee damages for past and future loss of income. We agree with appellant that the verdict is inconsistent with the legal requirement in Florida that there be permanent injury before a defendant may be held liable for future loss of income and other future damages in a personal injury claim. Hubbs v. McDonald, 517 So.2d 68 (Fla. 1st DCA 1987). Our conclusion on this issue moots the other claims on appeal.
Since there is no assertion of error in the jury's finding of negligence, we reverse and remand for a new trial on the issues of the permanency of any injuries sustained and on damages.
ANSTEAD, LETTS and DELL, JJ., concur.
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595 So. 2d 1045, 1992 WL 43267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josephson-v-bowers-fladistctapp-1992.