Walsh v. Diaz

District Court of Appeal of Florida

Walsh v. Diaz

409 So. 2d 1186, 1982 Fla. App. LEXIS 19298

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1982

DocketNo. 81-802

StatusPublished

Cited by3 cases

This text of 409 So. 2d 1186 (Walsh v. Diaz) 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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Walsh v. Diaz, 409 So. 2d 1186, 1982 Fla. App. LEXIS 19298 (Fla. Ct. App. 1982).

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Opinion

SCHWARTZ, ALAN R., Associate Judge.

The defendant-appellants’ sole contention on appeal is that the lower court reversibly erred in declining to submit a special interrogatory to the jury as to whether the plaintiff met the statutory no-fault threshold.¹ The use of such a verdict form, however, is ordinarily for the trial judge alone to decide. Lincenberg v. Issen, 318 So.2d 386 (Fla.1975); Frank v. Ruwitch, 318 So.2d 188 (Fla. 3d DCA 1975). In Florida East Coast R. Co. v. Lawrence, 346 So.2d 1012 (Fla.1977), the supreme court adopted the only exception to this rule — and then only prospectively — by requiring special verdicts on the comparative negligence issue. We are neither empowered nor inclined to impose another such mandatory requirement in the present instance. Accord, Souto v. Segal, 302 So.2d 465, 467 (Fla. 3d DCA 1974).

AFFIRMED.

DOWNEY and DELL, JJ., concur.

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SCHWARTZ, ALAN R., Associate Judge.

The defendant-appellants’ sole contention on appeal is that the lower court reversibly erred in declining to submit a special interrogatory to the jury as to whether the plaintiff met the statutory no-fault threshold.¹ The use of such a verdict form, however, is ordinarily for the trial judge alone to decide. Lincenberg v. Issen, 318 So.2d 386 (Fla.1975); Frank v. Ruwitch, 318 So.2d 188 (Fla. 3d DCA 1975). In Florida East Coast R. Co. v. Lawrence, 346 So.2d 1012 (Fla.1977), the supreme court adopted the only exception to this rule — and then only prospectively — by requiring special verdicts on the comparative negligence issue. We are neither empowered nor inclined to impose another such mandatory requirement in the present instance. Accord, Souto v. Segal, 302 So.2d 465, 467 (Fla. 3d DCA 1974).

AFFIRMED.

DOWNEY and DELL, JJ., concur.

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409 So. 2d 1186, 1982 Fla. App. LEXIS 19298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-diaz-fladistctapp-1982.

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