Pearson v. Gregg

District Court of Appeal of Florida

Pearson v. Gregg

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 1991

DocketNo. 90-1772

StatusPublished

Cited by1 cases

This text of 575 So. 2d 333 (Pearson v. Gregg) 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.

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

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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.

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575 So. 2d 333, 1991 Fla. App. LEXIS 1959, 1991 WL 30432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-gregg-fladistctapp-1991.

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