544 So. 2d 281 | Fla. Dist. Ct. App. | 1989
This is a personal injury action arising out of an auto-pedestrian collision.
The jury returned a verdict for Plaintiff finding that the total amount of his damage was $4,593.00. It further found that the Plaintiff was 95% negligent and defendant was 5% negligent. Under this scenario, Plaintiff would have a net recovery of $229.65.
Under the facts of the case we find no error with reference to the jury’s apportionment of negligence.
We find reversible error with reference to the amount of damages suffered by plaintiff.
The damages proofs indicated that the total medical expense, future medical expense and lost wages was $52,213.00 (It is interesting to note that the award of $4,593.00 was precisely one half of the plaintiff’s unpaid medical expenses.) The mentioned award takes no account of his claim for damages for his permanent disability,
In our opinion the award of damages was grossly against the manifest weight of evi
REVERSED AND REMANDED for a new trial upon the issue of damages.
. It was undisputed that the plaintiff suffered a permanent disability. The plaintiffs treating physicians testified that the plaintiff suffered a 10% permanent disability to the body as a whole while the defense expert rated the disability at 4% to the body as a whole.