Florida District Courts of Appeal, 1991

Pearson v. Gregg

Pearson v. Gregg
Florida District Courts of Appeal · Decided March 7, 1991 · Barfield, Miner, Nimmons
575 So. 2d 333; 1991 Fla. App. LEXIS 1959; 1991 WL 30432 (Southern Reporter, Second Series)

Pearson v. Gregg

Opinion of the Court

PER CURIAM.

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 ap-pellee 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 *334on the issues of damages, and the award is REVERSED.

NIMMONS, BARFIELD and MINER, JJ., concur.

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