Josephson v. Bowers, 91-0205
| Decision Date | 11 March 1992 |
| Docket Number | No. 91-0205,91-0205 |
| Citation | Josephson v. Bowers, 595 So.2d 1045 (Fla. App. 1992) |
| Parties | 17 Fla. L. Weekly D688 Selma R. JOSEPHSON, Appellant, v. Ronald BOWERS, Appellee. |
| Court | Florida District Court of Appeals |
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 DCA1987).Our conclusion on this issue moots the other claims on appeal.
Since there is no assertion of error in the jury's finding of...
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10 cases
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Standard Jury Instructions Civil Cases (1.0, 6.1d, MI8)
...(Fla. 4th DCA 1985); Bennett v. Florida Farm Bureau Casualty Ins. Co., 477 So.2d 608 (Fla. 5th DCA 1985); see contra Josephson v. Bowers, 595 So.2d 1045 (Fla. 4th DCA 1992). Therefore, negligence will still be an issue for the jury to decide where there are recoverable economic damages even......
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Ludwig v. Ladner
...Fazzolari v. City of West Palm Beach, 608 So.2d 927 (Fla. 4th DCA 1992), review denied, 620 So.2d 760 (Fla.1993); Josephson v. Bowers, 595 So.2d 1045 (Fla. 4th DCA 1992).2 Because juries are not bound by expert opinions, it is possible that an occasional jury could logically make such a dec......
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Fazzolari v. City of West Palm Beach
...563 So.2d 721 (Fla. 4th DCA 1990). However, there must have been a determination that there was a permanent injury. Josephson v. Bowers, 595 So.2d 1045 (Fla. 4th DCA 1992). Unlike the case of Hubbs v. McDonald, 517 So.2d 68 (Fla. 1st DCA 1987), the trial court here did instruct the jury on ......
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Auto-Owners Ins. Co. v. Tompkins
...suffered a "permanent injury" to recover future economic damages. We have jurisdiction based on direct conflict with Josephson v. Bowers, 595 So.2d 1045 (Fla. 4th DCA 1992). Art. V, Sec. 3(b)(3), Fla. Const. For the reasons expressed, we approve the decision of the district court. We find t......
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