LILLIE G. HOWARD AND LANDLEY V. HOWARD, HER HUSBAND, APPELLANTS,
v.
KINGSTON C. NEWMAN, APPELLEE
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The phrase 'medically or scientifically demonstrable' in Section 627.737(2)(e), Florida Statutes, requires objective signs of injury, not just subjective complaints of pain.
Plaintiff sought recovery for injuries, but the complaint did not allege objective signs of injury. The trial court dismissed the complaint for failur…
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[*66] PER CURIAM.
In this case of first impression we are asked to determine whether the phrase “medically or scientifically demonstrable” in Section 627.737(2)(e), Florida Statutes, requires objective signs of an injury or allows subjective statements of pain as proof of injury.
The Second District Court of Appeal in Johnson v. Phillips, 345 So. 2d 1116 (Fla. 2d DCA 1977), determined that the term “permanent injury” in Section 627.737(2), Florida Statutes, includes “permanent subjective complaints of pain from an initial organic injury.” That holding is not dispositive of the issue here because of the wording of the statute. Section 627.737(2)(e), Florida Statutes, provides for recovery by the plaintiff for:
“A serious, nonpermanent injury which has a material degree of bearing on the injured person’s ability to resume his normal activity and lifestyle during all or substantially all of the 90 day period after the occurrence of the injury, and the effects of which are medically or scientifically demonstrable at the end of such period.”
In that subparagraph, the Legislature has chosen to insert the qualifying phrase “the effects of which are medically or scientifically demonstrable.” We do not believe that that phrase is intended to be without meaning or effect. Thus, we interpret the phrase “medically or scientifically demonstrable” to require the plaintiff to show objective signs of injury.
In light of this interpretation, we affirm the action of the trial court dismissing the complaint without prejudice for failure to meet the threshold requirements of Section 627.737(2).
SMITH, Acting C. J., ERVIN, J., and MITCHELL, HENRY CLAY, Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ketchen v. Dunn, 619 So. 2d 1010 (Fla. 2d DCA 1993)…ain resulting from an initial organic injury. In this case, the appellant, in addition to testifying to subjective complaints of pain, presented medical evidence which, if believed, would have supported a finding of permanency. See Howard v. Newman, 363 So. 2d 65 (Fla. 1st DCA 1978). If the jury had accepted this testimony, we would have upheld that finding. See Howard; Johnson. The ap-pellees, however, presented evidence which, if believed, supported the verdict reached in this case, i.e. that the appellant…
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Snowden v. Sprouse, 375 So. 2d 901 (Fla. 1st DCA 1979)…all or substantially all of the 90-day period after the occurrence of the injury, and the effects of which are medically or scientifically demonstrable at the end of such period. Section 627.737(2)(e), Florida Statutes (1977). In Howard v. Newman, 363 So. 2d 65 (Fla. 1st DCA 1978), this court interpreted “medically or scientifically demonstrable” to require that the plaintiff show objective signs of injury. We find that Mr. Snowden has satisfied this standard. Although the findings of the straight leg rai…
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Sullivan v. Price, 368 So. 2d 614 (Fla. 1st DCA 1979)…Stat. (1977), precluding actions for pain and suffering following nonpermanent injury when the effects of the injury are not medically or scientifically demonstrable, as requiring the injured person show objective signs of injury. Howard v. Newman, 363 So. 2d 65 (Fla. 1st DCA 1978).…
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- Johnson v. Phillips, 345 So. 2d 1116 (Fla. 2d DCA 1977)