CHARLES SNOWDEN, APPELLANT,
v.
JAMES E. SPROUSE, JAMES RICHARD SAWYER AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEES

Fla. 1st DCA | 1979-10-17
No. NN-308
MILLS, C. J., and McCORD and ERVIN, JJ., concur.
375 So. 2d 901 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Mr. Snowden appealed a trial court's finding that he did not meet the statutory threshold requirements under Florida's no-fault insurance statute for a non-permanent back injury. The First District Court of Appeal reversed, holding that objective medical evidence from a straight leg raising test satisfied the requirement that injury effects be 'medically or scientifically demonstrable.'


Holding

The court held that Snowden presented sufficient evidence satisfying the statutory threshold because the straight leg raising test, though it relies on the patient's subjective report of pain, is a standard objective medical diagnostic test where specific pain levels correlate to particular injury types, and the consistency between test results and the diagnosed low back strain indicates genuine rather than feigned injury.


Headnotes

[1] A plaintiff seeking to recover for a non-permanent injury under Florida Statutes Section 627.737(2)(e) must demonstrate that the injury had a material bearing on the abil…

[2] Pain elicited during a straight leg raising test, even if based on a patient's subjective statement, can constitute a medically or scientifically demonstrable objective s…

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Key Quotes

“Although the findings of the straight leg raising test are based on the patient's subjective statement of when he feels pain, it is a standard medical test used to determine the presence or absence of certain back problems.”

Establishes that subjective components do not disqualify a test from being considered objective medical evidence when used as a standard diagnostic tool.

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Facts & Procedural History

Snowden suffered a low back strain in a May 14, 1977 automobile accident. Initial straight leg raising tests showed pain at 70 degrees bilaterally (no…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Mr. Snowden appeals the lower court’s ruling that he did not meet the threshold requirements of Section 627.737(2)(e), Florida Statutes (1977), regarding the effects and severity of his non-permanent injury. The trial court found that the effects of Mr. Snowden’s injuries were not medically or scientifically demonstrable at the end of the statutory period. Mr. Snowden argues that the medical testimony indicating pain on the straight leg raising test is sufficient to meet the threshold requirements. We agree and reverse.

Mr. Snowden was injured in an automobile accident on May 14, 1977, and suffered a low back strain. The initial straight leg raising test indicated pain at 70 degrees bilaterally with normal being in the range of 80 to 90 degrees. He initially exhibited other symptoms such as muscle spasms and tenderness in the low back area.

Mr. Snowden gradually improved and most of his symptoms abated. However, on August 9, 1977, 86 days after the accident, Mr. Snowden still had pain at 75 degrees bilaterally on the straight leg raising test. On September 13, 1977, this pain was completely gone.

Prior to the accident, Mr. Snowden had been enrolled in a CETA Autobody Repair Class. The treating physician testified that Mr. Snowden’s injuries would be compatible with decreased ability to perform the required class activities for a period of 90 days or more. The doctor had restricted Mr. Snowden’s activities regarding lifting in excess of 25 pounds, crawling, and stooping, all of which activities would have been necessary to adequately perform his class work. These restrictions were still in effect five months after the accident.

Section 627.737(3), Florida Statutes (1977), requires a plaintiff to “submit some evidence” to show that he has suffered:

**

A serious, nonpermanent injury which has a material degree of bearing on the injured person’s ability to resume his nor mal activity and lifestyle during all or substantially all of the 90-day period after the occurrence of the injury, and the effects of which are medically or scientifically demonstrable at the end of such period.

Section 627.737(2)(e), Florida Statutes (1977).

In Howard v. Newman, 363 So. 2d 65 (Fla. 1st DCA 1978), this court interpreted “medically or scientifically demonstrable” to require that the plaintiff show objective signs of injury. We find that Mr. Snowden has satisfied this standard.

Although the findings of the straight leg raising test are based on the patient’s subjective statement of when he feels pain, it is a standard medical test used to determine the presence or absence of certain back problems. As the doctor testified, pain at a certain level would indicate one particular type of problem; pain at a different level would indicate a different type of problem. Mr. Snowden initially had a low back strain and the point at which the straight leg raising test elicited pain was consistent with this diagnosis. If Mr. Snowden has been malingering or faking, it is unlikely that he would know at which point the test would induce pain indicative of the injury he complained of.

Section 627.737, Florida Statutes (1977), is a statutory limitation on an injured party’s common law right of action in tort. As such, it must be strictly construed to conform the statute, as nearly as possible to the common law, Utilities Service, Inc. v. Replogle, 110 So. 2d 438 (Fla. 1st DCA 1959), and so as not to displace the common law any further than is clearly necessary, Sullivan v. Leatherman, 48 So. 2d 836 (Fla.1950).

We find and so hold that Mr. Snowden presented some evidence showing that his normal activities were impaired for a 90-day period and that this evidence was sufficiently objective to satisfy the statute and the interpretation placed on it by Howard, supra.

REVERSED.

MILLS, C. J., and McCORD and ERVIN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Nales v. State Farm Mut. Auto. Ins. Co. & Cecil Cronan, 398 So. 2d 455 (Fla. 2d DCA 1981)
    …y’s common law right of action in tort and, as such, it must be strictly construed to conform the statute as nearly as possible to the common law, and as so as not to displace the common law any further than is clearly necessary. Snowden v. Sprouse, 375 So. 2d 901 (Fla. 1st DCA 1979). The doctrine of punitive damages is a doctrine of common law. Florida East Coast Railway v. McRoberts, 111 Fla. 278, 149 So. 631 (1933); Note, supra, 46 Va.L. Rev. 1036 (1960). In the McRoberts case, our supreme court described…
  • White v. Massina Arvanitis & Allstate Ins. Co., 424 So. 2d 886 (Fla. 1st DCA 1982)
    …pain. Howard v. Newman, 363 So. 2d 65 (Fla. 1st DCA 1978). We found the Howard test satisfied when the straight leg raising test, a standard medical procedure, was used to substantiate the patient’s subjective complaint of pain. Snowden v. Sprouse, 375 So. 2d 901 (Fla. 1st DCA 1979). The point at which Mr. Snowden’s test indicated pain was consistent with the physician’s diagnosis of low back strain. Dr. Fuessner based his diagnosis in the present case on more than the appellant’s subjective complaints of p…
  • Ernestine Styles v. Y.D. Taxi Corp., Inc., 426 So. 2d 1144 (Fla. 3d DCA 1983)
    …of an unborn fetus, it would appear that she should not be able to recover indirectly for such death as a ‘permanent injury’ to her absent a showing of some objective signs of injury resulting from the loss of the fetus.[2] See: Snowden v. Sprouse, 375 So. 2d 901 (1st DCA Fla.1979). In short, a strict construction of Fla.Stat. 627.37(2) [627.737(2)] requires some evidence, either by expert testimony or by the Plaintiff herself that she suffered some ‘permanent injury’ other than proof of a miscarriage.” We…

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