JAMES TRIPP, APPELLANT,
v.
GERALD KILLAM, ETC., ET AL., APPELLEES
PER CURIAM.
Affirmed. Upon review of the record and the evidence offered at trial we do not believe the trial court erred in submitting to the jury the issue of whether appellant had suffered a “permanent injury within a reasonable degree of medical probability.” See s 627.737, Fla.Stat. (1983). The appellant suffered a soft tissue injury in an automobile accident, and while the evidence was generally supportive of his claim of permanency, much of the evidence was ambiguous and uncertain as to what lasting effects, if any, appellant would suffer. Cf. Martin v. Young, 443 So. 2d 293 (Fla. 3d DCA 1983).
ANSTEAD, GLICKSTEIN and STONE, JJ., concur.
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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…
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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…
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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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- Martin v. Young, 443 So. 2d 293 (Fla. 3d DCA 1983)