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25 Fla. Supp. 152

Indek v. Cade

Circuit Court of the 9th Judicial Circuit of Florida, Orange County · decided 1965-05-03

Decided 1965-05-03

PARKER LEE McDONALD, Circuit Judge.

¶1This cause came on to be heard before the undersigned upon the application of the defendant, Robert Bruce Cade, for partial summary judgment.

¶2The question presented is whether or not the plaintiffs may claim damages for an aggravation of a pre-existing psychiatric problem in the absence of showing personal physical injury.

¶3This court is of the opinion that because the evidence shows that the vehicle in which the plaintiff wife was riding collided with the defendant’s vehicle — that there was an actual physical impact between her vehicle and the defendant’s vehicle — the plaintiffs would be able to claim and recover all damages which resulted from that collision.

¶4The record indicates that the plaintiffs may be able to show that the impact of the vehicles caused the aggravation of the preexisting condition.

¶5For these reasons, the motion for partial summary judgment is denied.

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