AVIS RENT-A-CAR SYSTEM, INC., AND ROBERT C. COBB, APPELLANTS,
v.
JOSEPH A. STUART, AS NATURAL GUARDIAN AND NEXT FRIEND FOR MARK K. STUART, A MINOR, APPELLEES
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Appellants Avis Rent-A-Car and Robert C. Cobb appealed a judgment awarding $2,000 to a minor plaintiff for injuries sustained in an automobile accident. The Florida District Court of Appeal reversed, holding that the trial judge's finding of permanent injury was unsupported by competent medical evidence.
The trial judge's finding of permanent injury was reversible error because there was no competent substantial evidence to support it, particularly where the only medical testimony from the treating physician stated the minor had no permanent injury.
[1] A finding of permanent injury requires competent substantial evidence to support it.
[2] A jury or judge cannot find a permanent injury when the treating physician testifies that no permanent injury exists.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the doctors who treated appellant do not say there is any permanent injury, the jury composed of laymen certainly could not be expected to say there was such injuries; if they did it would be reversible error.”
Establishes the legal principle that absent medical testimony of permanent injury, lay decision-makers cannot find permanent injury as a matter of law.
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Join FLexlaw to unlock all legal intelligenceOn April 20, 1972, a minor plaintiff (Mark K. Stuart) was injured in an automobile accident involving defendants Avis Rent-A-Car and Robert C. Cobb. F…
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McDonald, PARKER LEE, Associate Judge.
The Appellants, Avis Rent-A-Car System, Inc. and Robert C. Cobb, appealed a judgment entered for Joseph A. Stuart as natural guardian and next friend for Mark K. Stuart, against them. The claim arose as a result of an automobile accident that occurred on April 20, 1972.
In view of the provisions of Fla.Stat. § 627.737, the Plaintiff sought to prove a permanent injury. The trial judge found for the Plaintiff on the ground “of permanency”, and entered a judgment on the minor’s claim for $2,000.00.
The reconstructed record demonstrates that there was no evidence upon which the trial judge could make a finding that the minor Plaintiff suffered a permanent injury within reasonable medical probability. Following the accident, the minor Plaintiff complained of pain in his neck and upper back. He was seen by the doctor three times and had seven physical therapy treatments. The trial judge found that at the time of trial Mark was still experiencing pain in his lower back, tightness in his upper back, had a certain amount of limitation of motion of his right arm, and was unable to lift objects which prior to the accident he was capable of lifting. The only medical testimony was from the attending physician who testified that the minor Plaintiff had no permanent injury.
In Saucer v. City of West Palm Beach, 1945, 155 Fla. 659, 21 So. 2d 452, it was stated:
“If the doctors who treated appellant do not say there is any permanent injury, the jury composed of laymen certainly could not be expected to say there was such injuries; if they did it would be reversible error.”
In Morrison v. Bohne, Fla.App.2d, 1973, 274 So. 2d 896, this Court was confronted with a similar factual situation and held that it was error to allow the introduction of mortality tables in the absence of a statement by any witness that the injury was permanent.
Under the facts of this case the trial judge was in error in relying on the language in Salvador v. Munoz, Fla.App.3d, 1966, 193 So. 2d 442, as a basis for her finding of permanence.
While great latitude is given the trier of facts, the trial judge in this case, a judgment cannot stand if there is no competent substantial evidence to support it.
The judgment appealed from is reversed with instructions to the trial judge to enter an amended judgment for the Plaintiff Joseph A. Stuart on the property damage claim only.
MANN, C. J., and GRIMES, J., concur.
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FAY v. Mincey, 454 So. 2d 587 (Fla. 2d DCA 1984)…suffering compensable, permanent injuries under the no-fault law. In short, the exclusions were not harmless because medical testimony is necessary in establishing a permanent injury under section 627.-737(2). Avis Rent-A-Car System, Inc. v. Stuart, 301 So. 2d 29 (Fla. 2d DCA 1974). We therefore REVERSE the jury’s verdict, order a new trial, and REMAND the cause for proceedings consistent with this opinion. BOARDMAN, A.C.J., and CAMPBELL, J., concur. . Section 627.737(2) provides: (2) In any action of tor…
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Morey v. Harper, 541 So. 2d 1285 (Fla. 1st DCA 1989)…permanent injury based, on a reasonable degree of medical probability has established a requirement that can only be satisfied by expert medical testimony. See Fay v. Mincey, 454 So. 2d 587 (Fla. 2d DCA 1984); Avis Rent-A-Car System, Inc. v. Stuart, 301 So. 2d 29 (Fla. 2d DCA 1974). Because the plaintiff cannot satisfy this requirement without presenting expert medical testimony, when the plaintiff does present such testimony and it remains materially uncontradicted, a jury verdict of no permanent injury wil…
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Matter v. White, 695 So. 2d 942 (Fla. 4th DCA 1997)…pert medical testimony is required to prove that a plaintiff has suffered a permanent injury under our no-fault insurance law. See § 627.737(2), Fla.Stat. (1995). City of Tampa v. Long, 638 So. 2d 35 (Fla.1994); Avis Rent-A-Car Sys., Inc. v. Stuart, 301 So. 2d 29 (Fla. 2d DCA 1974). It is thus elementary to us that Dr. Ipser would not have been qualified to testify that the plaintiff did have a permanent injury as a result of this accident. If that is true, it would follow that his lack of medical expertise…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lucy v. Saucer, 155 Fla. 659 (Fla. 1945)
- Salvador v. Munoz, 193 So. 2d 442 (Fla. 3d DCA 1966)
- Morrison v. Bohne, 274 So. 2d 896 (Fla. 2d DCA 1973)