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652 So. 2d 1287

Darman v. Berkowitz

District Court of Appeal of Florida · decided 1995-04-19

Relies on 651 So. 2d 89 - Auto-Owners Ins. Co. v. Tompkins

Decided 1995-04-19

PER CURIAM.

¶1We find no error in the cross-appeal or the second point on direct appeal. We find er*1288ror, however, in the trial court’s refusal to allow the jury to consider the issue of future medical expenses regardless of whether there was evidence to support a finding that a permanent injury was sustained. We reverse and remand for retrial on this issue only, which retrial should be guided by the supreme court’s rationale in Auto-Owners Ins. Co. v. Tompkins, 651 So.2d 89 (Fla.1995).

¶2AFFIRMED IN PART; REVERSED IN PART.

HERSEY, GLICKSTEIN and POLEN, JJ., concur.
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