Summary
In Josephson, the Fourth District Court of Appeal held that there must be a "permanent injury before a defendant may be held liable for future loss of income and other future damages in a personal injury claim."
Summary of this case from Auto-Owners Ins. Co. v. TompkinsOpinion
No. 91-0205.
March 11, 1992.
Appeal from the Circuit Court, Palm Beach County, Richard L. Oftedal, J.
Gail Leverett of Kubicki, Draper, Gallagher McGrane, P.A., Miami, and Hill, Neale Murphy, West Palm Beach, for appellant.
Kim Cocalis and Kimberly Whitaker of Weaver, Kuvin Weaver, P.A., Fort Lauderdale, for appellee.
The appellant claims error in the trial court's refusal to order a new trial after the jury returned a verdict finding no permanent injury, but awarding appellee damages for past and future loss of income. We agree with appellant that the verdict is inconsistent with the legal requirement in Florida that there be permanent injury before a defendant may be held liable for future loss of income and other future damages in a personal injury claim. Hubbs v. McDonald, 517 So.2d 68 (Fla. 1st DCA 1987). Our conclusion on this issue moots the other claims on appeal.
Since there is no assertion of error in the jury's finding of negligence, we reverse and remand for a new trial on the issues of the permanency of any injuries sustained and on damages.
ANSTEAD, LETTS and DELL, JJ., concur.