Pearson v. Gregg

District Court of Appeal of Florida

Pearson v. Gregg

575 So. 2d 333, 1991 Fla. App. LEXIS 1959, 1991 WL 30432

District Court of Appeal of Florida·Decided March 7, 1991·No. No. 90-1772·Published·Cited by 1 cases

Opinion

PER CURIAM.

Willie M. Pearson, the defendant below in a personal injury action arising from an automobile accident, appeals a jury verdict finding her guilty of negligence, and awarding the appellee $22,000 economic and noneconomic damages. We affirm the finding of negligence, but reverse the damage award. As a threshold matter the appellee was required to prove under § 627.737(2)(b), Fla.Stat. that she had sustained a permanent injury within a reasonable degree of medical probability as a prerequisite to any recovery of noneconomic damages. The medical evidence adduced failed to satisfy this requirement. Further, there was no evidence to demonstrate ap-pellee has or will sustain any economic damage as a result of the accident. Accordingly, the trial court erred in not granting the defense motion for directed verdict [334]*334on the issues of damages, and the award is REVERSED.

NIMMONS, BARFIELD and MINER, JJ., concur.

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PER CURIAM.

Willie M. Pearson, the defendant below in a personal injury action arising from an automobile accident, appeals a jury verdict finding her guilty of negligence, and awarding the appellee $22,000 economic and noneconomic damages. We affirm the finding of negligence, but reverse the damage award. As a threshold matter the appellee was required to prove under § 627.737(2)(b), Fla.Stat. that she had sustained a permanent injury within a reasonable degree of medical probability as a prerequisite to any recovery of noneconomic damages. The medical evidence adduced failed to satisfy this requirement. Further, there was no evidence to demonstrate ap-pellee has or will sustain any economic damage as a result of the accident. Accordingly, the trial court erred in not granting the defense motion for directed verdict [334]*334on the issues of damages, and the award is REVERSED.

NIMMONS, BARFIELD and MINER, JJ., concur.

Pearson v. Gregg, 575 So. 2d 333, 1991 Fla. App. LEXIS 1959, 1991 WL 30432 (Fla. Ct. App. 1991).

Pincite

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Opinion

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