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376 So. 2d 409

Docket No. NN-190.

Polaco v. Smith

Floyd POLACO, Individually and d/b/a Floyd's Foreign Car Service, Jerrie Thames Polaco and Excel Insurance Company, Appellants, v. Gloria Exie SMITH, Appellee.

District Court of Appeal of Florida

Decided October 18, 1979.

Rehearing Denied November 16, 1979.

District Court of Appeal of Florida · decided 1979-10-18

Key passage — most relied on by later courts

“that she had incurred all of the medical bills as a result of the accident ... alone was sufficient predicate for allowing the jury to resolve the question of whether the medical bills were reasonable or necessary”

quoted by 1 later decision, including 367 F. Supp. 3d 1373 - Torres v. First Transit, Inc.

Relies on 336 So. 2d 566 - Garrett v. Morris Kirschman & Company, Inc. · 106 So. 2d 603 - J. A. Cantor Associates, Inc. v. Blume · Sharpe v. Herman A. Thomas, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-18

How this case has been cited

Cited by 8 later decisions — most recently February 2019

7 state decisions

4019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1G. Miles Davis of Beggs & Lane, Pensacola, for appellants.

¶2John Peter Kirtz, Jr., Pensacola, for appellee.

¶3PER CURIAM.

¶4Appellants raise two points as error. First they argue that the trial court erred in admitting the mortality tables into evidence and instructing the jury on pain and suffering. Appellants' second argument is that the trial court erred in admitting into evidence certain of plaintiff's medical bills without proper proof of their reasonableness or necessity.

¶5We affirm as to both points.

¶6Appellee was involved in an automobile accident and suffered a whiplash injury. There was conflicting evidence offered at trial regarding the permanency of her injuries and there was no definitive expert testimony that she suffered a permanent injury. However, appellee testified, without objection, that her injury was permanent.

¶7We further note that appellants objected to the introduction of the mortality tables but did not object to the giving of Florida Standard Jury Instruction 6.9 on permanent injury and the use of the mortality tables.

¶8It is well-settled that the failure to object waives the objection. Sharpe v. Herman A. Thomas, Inc.,294 So.2d 14 (Fla. 3d DCA 1974). Cantor Associates, Inc. v. Blume,106 So.2d 603 (Fla. 3d DCA 1958).

¶9By their failure to object to appellee's testimony and to the giving of the instruction on the mortality tables, appellants waived the right to now claim error.

¶10Appellee also testified that she had incurred all of the medical bills as a result of the accident. Her doctors testified that they had prescribed the medicine for her. Her testimony alone was sufficient predicate for allowing the jury to resolve the *410 question of whether the medical bills were reasonable or necessary. Garrett v. Morris Kirschman and Company, Inc.,336 So.2d 566 (Fla. 1979), Crowe v. Overland Hauling, Inc.,245 So.2d 654 (Fla. 4th DCA 1971).

¶11AFFIRMED.

¶12MILLS, C.J., and McCORD and ERVIN, JJ., concur.

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