Opinion
No. 4D00-2979.
November 14, 2001.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward Fine, Judge; L.T. Case No. CL 99-3729 AI.
Angela C. Flowers of Kubicki Draper, Miami, for appellant.
Jane Kreusler-Walsh, and Rebecca J. Mercier of Jane Kreusler-Walsh, P.A., West Palm Beach, and Tracy R. Sharpe of Roca Sharpe, P.A., West Palm Beach, for appellees.
Paul P. Sanford, Tallahassee, for Amicus Curiae Florida Insurance Council, Inc.
Donald A. Dowdell, Executive Senior Attorney, Tallahassee, for Amicus Curiae Florida Department of Insurance.
Barbara Green of Barbara Green, P.A., Coral Gables, for Amicus Curiae The Academy of Florida Trial Lawyers.
In this case arising from an automobile accident, the trial court gave a jury instruction which allowed the jury to award damages for disability, physical impairment, disfigurement, and loss of capacity for enjoyment of life in the past and in the future regardless of whether the jury found that plaintiff, Muriel Fega, had suffered a permanent injury.
The jury found that Fega did not suffer any permanent injury; it awarded her $6,448 in economic damages and $20,000 for future non-economic damages.
We reverse the award for non-economic damages. We are persuaded by the second district's interpretation of section 627.737, Florida Statutes (1999), in Smiley v. Nelson, 26 Fla. L. Weekly D2226 (Fla. 2d DCA Sept. 14, 2001).
GUNTHER, WARNER and GROSS, JJ., concur.