Emanuele v. Perdue

SHAHOOD, Judge.

We reverse the trial court’s order granting appellee’s motion for new trial finding that the trial court abused its discretion in ordering a new trial after the jury determined that appellee did not sustain a permanent injury within the meaning of section 627.737(2), Florida Statutes (1995).

In this case, the jury awarded appellee (Andrea Perdue) all past medical bills incurred since her car accident, including medical bills incurred from temporomandibular joint surgery (TMJ), but awarded zero for pain and suffering after finding that she did not sustain a permanent injury. In…