Florida District Courts of Appeal, 1995

Darman v. Berkowitz

Darman v. Berkowitz
Florida District Courts of Appeal · Decided April 19, 1995 · Glickstein, Hersey, Polen
652 So. 2d 1287; 1995 Fla. App. LEXIS 4034; 1995 WL 229249 (Southern Reporter, Second Series)

Darman v. Berkowitz

Opinion of the Court

PER CURIAM.

We find no error in the cross-appeal or the second point on direct appeal. We find er*1288ror, however, in the trial court’s refusal to allow the jury to consider the issue of future medical expenses regardless of whether there was evidence to support a finding that a permanent injury was sustained. We reverse and remand for retrial on this issue only, which retrial should be guided by the supreme court’s rationale in Auto-Owners Ins. Co. v. Tompkins, 651 So.2d 89 (Fla. 1995).

AFFIRMED IN PART; REVERSED IN PART.

HERSEY, GLICKSTEIN and POLEN, JJ., concur.

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