HAROLD WARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1986-08-12
No. 85-87
Before BARKDULL, HENDRY and NESBITT, JJ.
492 So. 2d 472 Florida District Court of Appeal, Third District (1986) Negative Treatment
Cited by 12 cases

Opinion of the Court

PER CURIAM.

Affirmed. Albritton v. State, 476 So. 2d 158 (Fla.1985); Hannah v. State, 480 So. 2d 718 (Fla. 4th DCA 1986); Russell v. State, 458 So. 2d 422 (Fla. 2d DCA 1984), approved, 472 So. 2d 466 (Fla.1985); McKee v. State, 450 So. 2d 563 (Fla. 3d DCA 1984).


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Cited By (12 total)

  • State Farm Mut. Auto. Ins. Co. v. ORR, 660 So. 2d 1061 (Fla. 4th DCA 1995)
    …plaintiff had not accurately reported her medical history to the physicians who offered opinion testimony concerning plaintiffs injuries; in Colvin, there was a history of a pre-existing condition and damaging surveillance films; in Tripp v. Killam, 492 So. 2d 472 (Fla. 4th DCA 1986), much of the evidence was ambiguous and uncertain as to the lasting effects; in Laberge v. Vancleave, 534 So. 2d 1176 (Fla. 5th DCA 1988), rev. denied, 545 So. 2d 1369 (Fla.1989), there was conflicting testimony by the expert wit…
  • Laberge v. Vancleave, 534 So. 2d 1176 (Fla. 5th DCA 1988)
    …t tissue injury. We reverse. Regardless of the quality of the experts’ testimony,- (we hasten to add, we can fault none of it in this case) the question of whether a plaintiff has suffered a permanent injury is one for the jury. See Tripp v. Killam, 492 So. 2d 472 (Fla. 4th DCA 1986); Martin v. Young, 443 So. 2d 293 (Fla. 3d DCA 1983); Allstate Insurance Co. v. Ruiz, 305 So. 2d 275 (Fla. 3d DCA 1974). On this issue, there was a conflict in the evidence in this case. Further, a directed verdict should be aff…
  • Jarrell v. Churm, 611 So. 2d 69 (Fla. 4th DCA 1992)
    …in v. Williams, 564 So. 2d 1249, 1250 (Fla. 4th DCA 1990); Allstate Ins. Co. v. Edenfield, 543 So. 2d 874 (Fla. 4th DCA 1989); Laberge v. Vancleave, 534 So. 2d 1176, 1177 (Fla. 5th DCA 1988), rev. denied, 545 So. 2d 1369 (Fla.1989); Tripp v. Killam, 492 So. 2d 472 (Fla. 4th DCA 1986); Martin v. Young, 443 So. 2d 293, 294 (Fla. 3d DCA 1983). However, the status of permanency is a medical diagnosis. Its existence, vel non, must initially be established by expert medical testimony in order to present a prima fac…

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