Irwin v. Blake
| Decision Date | 13 November 1991 |
| Docket Number | No. 90-0549,90-0549 |
| Citation | 589 So.2d 973 |
| Parties | Lynne IRWIN and John Avakian, Appellants, v. Alice BLAKE and Allstate Insurance Company, Appellees. 589 So.2d 973, 16 Fla. L. Week. D2855 |
| Court | Florida District Court of Appeals |
Don M. Simon of Rosner & Simon, P.A., Fort Lauderdale, for appellants.
Gordon S. Daniels of Daniels & Daniels, Lauderhill, for appellees.
Lynne Irwin and John Avakian, defendants in the trial court, appeal a final judgment. We affirm in part, but reverse in part and remand for new trial on the sole issue of medical bills.
We conclude that the trial court did not abuse its discretion in failing to wait for appellants' expert to appear and in ordering the expert's deposition to be read into evidence as a substitute for his testimony.
However, we conclude the trial court did err in barring appellants from arguing to the jury that appellee's medical bills were not reasonable and necessary. When a plaintiff testifies as to the amount of his or her medical bills and introduces such bills into evidence, it becomes "a question for a jury to decide, under proper instructions, whether these bills represented reasonable and necessary medical expenses." Garrett v. Morris Kirschman & Co., 336 So.2d 566, 571 (Fla.1976). Although some jurisdictions consider evidence of the amount of a medical bill to be sufficient proof of reasonableness, many, including Florida, require something more. Albertson's Inc. v. Brady, 475 So.2d 986, 988 (Fla.2d DCA), rev. denied, 486 So.2d 595 (Fla.1985).
While I agree with the results reflected by the majority opinion, there is an additional point not addressed by the majority upon which I must dissent. The majority concludes there was no abuse of discretion in the trial court's failure to wait beyond the hour or so already allowed for appellants' expert to appear. Our opinion reflects the trial court properly ordered the expert's deposition to be read into evidence. I agree.
Where I disagree, however, is with the trial court's handling of appellants' counsel's request to proffer the expert's testimony when the expert finally appeared the next morning of the trial. Although there are few absolutes in jurisprudence, it is my view that it is almost always error to refuse such a proffer ...
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A.J. v. State
...the witness received the bill for medical services related to the injury which is the subject of the litigation. Irwin v. Blake, 589 So.2d 973 (Fla. 4th DCA 1991); East West Karate Ass'n, Inc. v. Riquelme, 638 So.2d 604 (Fla. 4th DCA 1994); Easton v. Bradford, 390 So.2d 1202 (Fla. 2nd DCA 1......
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Nason v. Shafranski
...they merely contested those issues. See, e.g., E.W. Karate Assn. v. Riquelme, 638 So.2d 604, 605 (Fla. 4th DCA 1994); Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1991). In Dungan, the first district rejected arguments made by the defendants that their inquiry regarding the plaintiffs s......
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Bonnie v. Mell
...Clark and Frances Fernandez Guasch, Miami, for appellee. Before HUBBART, BASKIN and COPE, JJ. PER CURIAM. Affirmed. Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1991); Albertson's, Inc. v. Brady, 475 So.2d 986, 988 (Fla. 2d DCA 1985), rev. denied, 486 So.2d 595 (Fla.1986); Hirsch v. Mou......
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D.C. Hosp. Ltd. P'ship v. Hasson, 4D09-3988.
...the reasonableness of his or her medical expenses. E.W. Karate Ass'n v. Riquelme, 638 So.2d 604 (Fla. 4th DCA 1994); Irwin v. Blake, 589 So.2d 973, 974 (Fla. 4th DCA 1991) Garrett v. Morris Kirschman & Co., 336 So.2d 566, 571 (Fla.1976)); A.J. v. State, 677 So.2d 935, 937 (Fla. 4th DCA 1996......