Opinion
No. 93-3544.
April 19, 1995.
Appeal and cross-appeal from the Circuit Court for Broward County; J. Leonard Fleet, Judge.
Martin J. Sperry and Joseph S. Kashi of Sperry, Shapiro Kashi, Fort Lauderdale, for appellant/cross-appellee.
Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Law Offices of Alan L. Landsberg, Hollywood, for appellee/cross-appellant.
We find no error in the cross-appeal or the second point on direct appeal. We find error, 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).
AFFIRMED IN PART; REVERSED IN PART.
HERSEY, GLICKSTEIN and POLEN, JJ., concur.