IRVING WELCH, APPELLANT,
v.
MURIEL FEGA AND MORT FEGA, HER HUSBAND, APPELLEES
PER CURIAM.
In this case arising from an automobile accident, the trial court gave a jury instruction which allowed the jury to award damages for disability, physical impairment, disfigurement, and loss of capacity for enjoyment of life in the past and in the future regardless of whether the jury found that plaintiff, Muriel Fega, had suffered a permanent injury.
The jury found that Fega did not suffer any permanent injury; it awarded her $6,448 in economic damages and $20,000 for future non-economic damages.
We reverse the award for non-economic damages. We are persuaded by the second district’s interpretation of section 627.737, Florida Statutes (1999), in Smiley v. Nelson, 26 Fla. L. Weekly D2226, — So. 2d -, 2001 WL 1048543 (Fla. 2d DCA Sept.14, 2001).
GUNTHER, WARNER and GROSS, JJ., concur.
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Citator
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Gill v. McGUIRE, 806 So. 2d 629 (Fla. 4th DCA 2002)…ffer of judgment, the court entered an agreed order awarding McGuire attorney’s fees and costs. On appeal, Gill challenges the [*630] above mentioned jury instruction and the resultant verdict, judgment, and fees award. Recently, in Welch v. Fega, 800 So. 2d 327 (Fla. 4th DCA 2001), we addressed this exact issue and reversed non-economic damages awarded for past disability and loss of capacity for the enjoyment of life because the jury found that the plaintiff had not sustained a permanent injury. In so hol…
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Giles v. Luckie, 816 So. 2d 248 (Fla. 1st DCA 2002)…e statute are recoverable without a threshold injury. The second and fourth districts have addressed and rejected this argument. Smiley v. Nelson, 805 So. 2d 870 (Fla. 2d DCA 2001); Gill v. McGuire, 806 So. 2d 629 (Fla. 4th DCA 2002); Welch v. Fega, 800 So. 2d 327 (Fla. 4th DCA 2001). In Smiley, the second district reasoned that the tort exemption in section 627.737(1) extends to all damages, economic and noneconomic, and the fourth district adopted the second district’s reasoning in Gill and Welch. After re…
Authorities Cited
- Smiley v. Nelson, 805 So. 2d 870 (Fla. 2d DCA 2001)