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Slater v. Walgreens Co.

District Court of Appeal of Florida, Second District
Oct 6, 1999
741 So. 2d 1249 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-02814.

Opinion filed October 6, 1999.

Appeal from the Circuit Court for Hillsborough County; Gasper J. Ficarrotta and Gregory P. Holder, Judges.

Stuart C. Markman and Susan H. Freemon of Kynes, Markman Felman, P.A., Tampa, for Appellant.

Lee D. Gunn, IV, and Mary E. Kestenbaum of Gunn, Ogden Sullivan, P.A., Tampa, for Appellee.


Michael J. Slater filed a personal injury suit against Walgreens. Slater raises several points on appeal, only one of which we find to have merit. Slater contends it was error for the jury not to have awarded any amount for future medical expenses. On that sole issue we agree and reverse. Medical experts for both sides testified as to the need for future medical treatment. Therefore, no reasonable jury could have returned a verdict awarding zero damages for future medical expenses. The trial court erred in denying Slater's motion for new trial on this issue. See Thornburg v. Pursell, 446 So.2d 713 (Fla. 2d DCA 1984).

Accordingly, we remand for a new trial on the issue of future medical damages but affirm on all other issues.

PARKER, A.C.J., and BLUE and WHATLEY, JJ., Concur.


Summaries of

Slater v. Walgreens Co.

District Court of Appeal of Florida, Second District
Oct 6, 1999
741 So. 2d 1249 (Fla. Dist. Ct. App. 1999)
Case details for

Slater v. Walgreens Co.

Case Details

Full title:MICHAEL J. SLATER, Appellant, v. WALGREENS CO., an Illinois corporation…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 6, 1999

Citations

741 So. 2d 1249 (Fla. Dist. Ct. App. 1999)