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595 So. 2d 1045

Docket No. 91-0205.

Josephson v. Bowers

Selma R. JOSEPHSON, Appellant, v. Ronald BOWERS, Appellee.

District Court of Appeal of Florida

Decided March 11, 1992.

District Court of Appeal of Florida · decided 1992-03-11

Cited by 10 later decisions — most recently July 2001

10 state decisions

Key passage — most relied on by later courts

“permanent injury before a defendant may be held liable for future loss of income and other future damages in a personal injury claim.”

quoted by 2 later decisions, including 651 So. 2d 89 - Auto-Owners Ins. Co. v. Tompkins, 793 So. 2d 1018 - Owen v. Morrisey

Relies on 517 So. 2d 68 - Hubbs v. McDonald

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-11

View the full empirical analysis of this case →

¶1Gail Leverett of Kubicki, Draper, Gallagher & McGrane, P.A., Miami, and Hill, *1046 Neale & Murphy, West Palm Beach, for appellant.

¶2Kim Cocalis and Kimberly Whitaker of Weaver, Kuvin & Weaver, P.A., Fort Lauderdale, for appellee.

¶3PER CURIAM.

¶4The appellant claims error in the trial court's refusal to order a new trial after the jury returned a verdict finding no permanent injury, but awarding appellee damages for past and future loss of income. We agree with appellant that the verdict is inconsistent with the legal requirement in Florida that there be permanent injury before a defendant may be held liable for future loss of income and other future damages in a personal injury claim. Hubbs v. McDonald,517 So.2d 68 (Fla. 1st DCA 1987). Our conclusion on this issue moots the other claims on appeal.

¶5Since there is no assertion of error in the jury's finding of negligence, we reverse and remand for a new trial on the issues of the permanency of any injuries sustained and on damages.

¶6ANSTEAD, LETTS and DELL, JJ., concur.

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