Opinion
No. 74-1326.
October 24, 1975.
Appeal from the Circuit Court, Orange County, Claude R. Edwards, J.
Karl O. Koepke and Calvin Lenox, III, of Whitaker Koepke Assoc., Orlando, for appellant.
Monroe E. McDonald, of Sanders, McEwan, Mims McDonald, Orlando, for appellees, Paul Aiello and Insurance Co. of North America.
Gary H. Rushmer and Jeffrey D. Keiner, of Akerman, Senterfitt, Eidson Wharton, Orlando, for appellees, Robert L. Bailey and Amica Mut. Ins. Co.
The trial court directed a verdict against appellant in the trial of his personal injury suit because the evidence failed to prove any of the threshold requirements of the Florida Automobile Reparations Reform Act so as to entitle appellant to maintain this suit.
We have reviewed the evidence in detail and find that the testimony adduced by appellant and his medical witnesses was sufficient to create a jury question as to whether his medical expenses exceeded the one thousand dollar threshold required by § 627.737, F.S. 1973. Allstate Insurance Company v. Ruiz, Fla.App. 1974, 305 So.2d 275. Accordingly, direction of a verdict was improper, necessitating reversal for a new trial.
Reversed and remanded for a new trial.
WALDEN, C.J., and OWEN, J., concur.