FLOYD POLACO, INDIVIDUALLY AND D/B/A FLOYD'S FOREIGN CAR SERVICE, JERRIE THAMES POLACO AND EXCEL INSURANCE COMPANY, APPELLANTS,
v.
GLORIA EXIE SMITH, APPELLEE
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The court held that the failure to object to the admission of mortality tables and jury instructions, as well as the admission of medical bills without specific proof of reasonableness or necessity, constituted a waiver of those objections.
Appellants appealed a judgment where the appellee, injured in an automobile accident, was awarded damages. Appellants argued the trial court erred in …
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PER CURIAM.
Appellants raise two points as error. First they argue that the trial court erred in admitting the mortality tables into evidence and instructing the jury on pain and suffering. Appellants’ second argument is that the trial court erred in admitting into evidence certain of plaintiff’s medical bills without proper proof of their reasonableness or necessity.
We affirm as to both points.
Appellee was involved in an automobile accident and suffered a whiplash injury. There was conflicting evidence offered at trial regarding the permanency of her injuries and there was no definitive expert testimony that she suffered a permanent injury. However, appellee testified, without objection, that her injury was permanent.
We further note that appellants objected to the introduction of the mortality tables but did not object to the giving of Florida Standard Jury Instruction 6.9 on permanent injury and the use of the mortality tables.
It is well-settled that the failure to object waives the objection. Sharpe v. Herman A. Thomas, Inc., 294 So. 2d 14 (Fla. 3d DCA 1974). Cantor Associates, Inc. v. Blume, 106 So. 2d 603 (Fla. 3d DCA 1958).
By their failure to object to appellee’s testimony and to the giving of the instruction on the mortality tables, appellants waived the right to now claim error. Appellee also testified that she had incurred all of the medical bills as a result of the accident. Her doctors testified that they had prescribed the medicine for her. Her testimony alone was sufficient predicate for allowing the jury to resolve the question of whether the medical bills were reasonable or necessary. Garrett v. Morris Kirschman and Company, Inc., 336 So. 2d 566 (Fla.1979), Crowe v. Overland Hauling, Inc., 245 So. 2d 654 (Fla. 4th DCA 1971).
AFFIRMED.
MILLS, C. J., and McCORD and ERVIN, JJ., concur.
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A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996)…njury 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 1980); Polaco v. Smith, 376 So. 2d 409 (Fla. 1st DCA 1979), cert. denied, 386 So. 2d 640 (Fla.1980); cf. Albertson’s, Inc. v. Brady, 475 So. 2d 986, 988 (Fla. 2nd DCA 1985), review denied, 486 So. 2d 595 (Fla.1986); Garrett v. Morris Kirschman & Co., Inc., 336 So. 2d 566 (Fla.1976). Rely…
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Albertson's, Inc. v. Brady, 475 So. 2d 986 (Fla. 2d DCA 1985)…to the accident,” the medical bills were properly admitted into evidence. Here, unlike in Garrett and Easton, plaintiff’s testimony does not associate each medical bill with injuries resulting from the accident at Albertson’s. Cf. Polaco v. Smith, 376 So. 2d 409 (Fla. 1st DCA 1979). Thus, we conclude that the reasonableness and necessity of the medical bills were not adequately established by Mrs. Brady’s testimony. Nevertheless, Mrs. Brady contends that the testimony of the physicians, the bills themselve…
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Garrett v. Morris Kirschman & Co., Inc., 336 So. 2d 566 (Fla. 1976)
- J. A. Cantor Assocs., Inc. v. Blume, 106 So. 2d 603 (Fla. 3d DCA 1958)
- Crowe v. Overland Hauling, Inc., 245 So. 2d 654 (Fla. 4th DCA 1971)
- Sharpe v. Herman A. Thomas, Inc., 294 So. 2d 14 (Fla. 3d DCA 1974)