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Pearson v. Gregg

District Court of Appeal of Florida, First District
Mar 7, 1991
575 So. 2d 333 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1772.

March 7, 1991.

Appeal from the Circuit Court for Alachua County; Judge Nath Doughtie.

Milton H. Baxley, II, Gainesville, for appellant.

Robert A. Bush, Gainesville, for appellee.


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 appellee 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 on the issues of damages, and the award is REVERSED.

NIMMONS, BARFIELD and MINER, JJ., concur.


Summaries of

Pearson v. Gregg

District Court of Appeal of Florida, First District
Mar 7, 1991
575 So. 2d 333 (Fla. Dist. Ct. App. 1991)
Case details for

Pearson v. Gregg

Case Details

Full title:WILLIE M. PEARSON, APPELLANT, v. CAROL GREGG, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 7, 1991

Citations

575 So. 2d 333 (Fla. Dist. Ct. App. 1991)

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