Summary
reversing a motion to reinstate maintenance and cure because of contradicting medical evidence
Summary of this case from God's Blessing Ltd. v. SalasOpinion
No. 3D98-3296.
Opinion filed May 3, 2000.
An Appeal from the Circuit Court for Miami-Dade County, David L. Tobin, Judge, L.T. No. 96-15378.
Fowler, White, Burnett, Hurley, Banick Strickroot, and Allan R. Kelley, and J. Michael Pennekamp, for appellant.
Cooper Wolfe, and Marc Cooper; and Huggett Scornavacca, for appellee.
Before GERSTEN, FLETCHER, and RAMIREZ, JJ.
The trial court erred in granting the plaintiff/appellee's motion to reinstate maintenance and cure because contradicting medical evidence existed which indicated the plaintiff/appellee had not reached maximum medical improvement. See Langmead v. Admiral Cruises, Inc., 610 So.2d 565 (Fla. 3d DCA 1992); Quarrel v. Minervini, 510 So.2d 977 (Fla. 3d DCA 1987), review denied, 519 So.2d 987 (Fla. 1988).
Accordingly, the order below is reversed and the case is remanded with instructions to send the issue to the jury. See Hendricks v. Dailey, 208 So.2d 101 (Fla. 1968); Quarrel v. Minervini, 510 So.2d at 977.
Reversed and remanded.