Slater v. Walgreens Co.

District Court of Appeal of Florida

Slater v. Walgreens Co.

741 So. 2d 1249, 1999 Fla. App. LEXIS 13160, 1999 WL 790657

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 1999

DocketNo. 98-02814

StatusPublished

Cited by1 cases

This text of 741 So. 2d 1249 (Slater v. Walgreens Co.) 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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Slater v. Walgreens Co., 741 So. 2d 1249, 1999 Fla. App. LEXIS 13160, 1999 WL 790657 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM. .

Michael J. Slater filed a personal injury suit against Walgreens. Slater raises several points on appeal, only one of which we find to have merit. Slater contends it was error for the jury not to have awarded any amount for future medical expenses. On that sole issue we agree and reverse. Medical experts for both sides testified as to the need for future medical treatment. Therefore, no reasonable jury could have returned a verdict awarding zero damages for future medical expenses. The trial court erred in denying Slater’s motion for new trial on this issue. See Thornburg v. Pursell, 446 So.2d 713 (Fla. 2d DCA 1984).

Accordingly, we remand for a new trial on the issue of future medical damages but affirm on all other issues.

PARKER, A.C.J., and BLUE and WHATLEY, JJ., Concur.

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PER CURIAM. .

Michael J. Slater filed a personal injury suit against Walgreens. Slater raises several points on appeal, only one of which we find to have merit. Slater contends it was error for the jury not to have awarded any amount for future medical expenses. On that sole issue we agree and reverse. Medical experts for both sides testified as to the need for future medical treatment. Therefore, no reasonable jury could have returned a verdict awarding zero damages for future medical expenses. The trial court erred in denying Slater’s motion for new trial on this issue. See Thornburg v. Pursell, 446 So.2d 713 (Fla. 2d DCA 1984).

Accordingly, we remand for a new trial on the issue of future medical damages but affirm on all other issues.

PARKER, A.C.J., and BLUE and WHATLEY, JJ., Concur.

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741 So. 2d 1249, 1999 Fla. App. LEXIS 13160, 1999 WL 790657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-walgreens-co-fladistctapp-1999.

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