Banyas v. American Mut. Fire Ins. Co., FF-290
| Decision Date | 19 May 1978 |
| Docket Number | No. FF-290,FF-290 |
| Citation | 359 So.2d 506 |
| Parties | John BANYAS, Appellant, v. AMERICAN MUTUAL FIRE INSURANCE COMPANY, Appellee. |
| Court | Florida District Court of Appeals |
Henry H. Graham, Jr., of Howell, Howell, Liles & Braddock, Jacksonville, for appellant.
Carle A. Felton, Jr., of Boyd, Jenerette, Leemis & Staas, Jacksonville, for appellee.
By his amended complaint in the court below, appellant sought to recover from his insurance company, appellee, certain medical expenses which he contended were incurred by him as a result of an automobile accident in which he was involved. Appellee admitted the accident and that it had in full force and effect a policy of insurance on appellant which provided personal injury protection benefits and medical payment coverage. Appellee denied, however, that there was coverage for the expenses alleged and asserted that such expenses resulted from a pre-existing condition of appellant. Final judgment was entered for appellee, and appellant has appealed. Appellant contends that the trial court's judgment was against the manifest weight of the evidence. We agree and reverse.
It is undisputed that appellant suffered a blow to his chest in an automobile accident. He was taken by ambulance to St. Joseph's Hospital in Tampa for treatment where he complained of pain in his chest. Pursuant to instructions of his then treating physician, he was confined to the hospital for observation for a three-day period. His physician at the hospital called appellant's regular treating physician in Jacksonville, Dr. Hardin, and requested information as to appellant's cardiac history, explaining that he had been in an automobile accident and was complaining of chest pain. Dr. Hardin advised that during a hospital confinement for arthritis some years previously, he had found a distorted e.k.g. with respect to the electrical impulses on the left side of appellant's heart, otherwise known as a left bundle branch block. At the end of the three days, appellant was discharged from the Tampa hospital with a diagnosis of chest pain of unknown etiology. Appellant then returned to Jacksonville where he was examined the following day by Dr. Hardin. Because of appellant's continuing complaints of chest pain and because of the previous heart problem, Dr. Hardin referred appellant to a cardiologist, Dr. Robert L. Pekaar, for a heart catheterization with coronary and renal arteriography. As to his reason for referring appellant to Dr. Pekaar, Dr. Hardin testified as follows:
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