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Josephson v. Bowers

Josephson v. Bowers, 595 So. 2d 1045 (Fla. Dist. Ct. App. 1992)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
March 11, 1992
Docket
No. 91-0205
Judges
Per Curiam
Citations
595 So. 2d 10451992 WL 43267
Cited by 10

Opinion — Per Curiam

595 So.2d 1045 (1992)

Selma R. JOSEPHSON, Appellant,

v.

Ronald BOWERS, Appellee.

No. 91-0205.

District Court of Appeal of Florida, Fourth District.

March 11, 1992.

Gail Leverett of Kubicki, Draper, Gallagher & McGrane, P.A., Miami, and Hill, *1046 Neale & Murphy, West Palm Beach, for appellant.

Kim Cocalis and Kimberly Whitaker of Weaver, Kuvin & Weaver, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

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 DCA 1987). Our conclusion on this issue moots the other claims on appeal.

Since there is no assertion of error in the jury's finding of negligence, we reverse and remand for a new trial on the issues of the permanency of any injuries sustained and on damages.

ANSTEAD, LETTS and DELL, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1992: 21993: 21994: 21995: 21996: 12001: 119922026peak 1992 · 2

Relies on it most ⓘ

  1. Auto-Owners Ins. Co. v. Tompkins651 So. 2d 89 (Fla. 1995)
  2. Owen v. Morrisey793 So. 2d 1018 (Fla. Dist. Ct. App. 2001)
  3. Fazzolari v. City of West Palm Beach608 So. 2d 927 (Fla. Dist. Ct. App. 1992)
  4. Standard Jury Instructions-Civil Cases613 So. 2d 1316 (Fla. 1993)
  5. Ludwig v. Ladner637 So. 2d 308 (Fla. Dist. Ct. App. 1994)
  6. Krawzak v. Government Emp. Ins. Co.660 So. 2d 306 (Fla. Dist. Ct. App. 1995)

Most recent

  1. Owen v. Morrisey793 So. 2d 1018 (Fla. Dist. Ct. App. 2001)
  2. Bucholc v. Kent666 So. 2d 275 (Fla. Dist. Ct. App. 1996)
  3. Krawzak v. Government Emp. Ins. Co.660 So. 2d 306 (Fla. Dist. Ct. App. 1995)
  4. Auto-Owners Ins. Co. v. Tompkins651 So. 2d 89 (Fla. 1995)
  5. Travieso v. Golden643 So. 2d 1134 (Fla. Dist. Ct. App. 1994)
  6. Ludwig v. Ladner637 So. 2d 308 (Fla. Dist. Ct. App. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hubbs v. McDonald, 517 So. 2d 68 (Fla. Dist. Ct. App. 1987) 6

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