Legal Opinion
James Tomlinson, Naomi Tomlinson v. Orange County, Florida
Court of Appeals for the Eleventh Circuit
Decided April 1, 1986No. 85-3730PublishedCited by 1 opinion
Non-Argument Calendar.
1Opinion of the Court
GODBOLD, Chief Judge:
Plaintiffs brought this diversity suit to recover damages for injuries sustained when plaintiff James Tomlinson’s truck dropped into a pothole in a road under the alleged care and control of defendant county. The district court granted defendant’s motion for a directed verdict, holding that plaintiffs had failed to meet the “threshold” requirement of Fla.Stat., § 627.737(2) (1984) 1 because they had not produced evidence that James had suffered permanent injury.
Section 627.737(2) applies to actions in tort brought against “the owner, registrant, operator, or occupant of a…
2Cases cited2 opinions
- McKee v. City of JacksonvilleDistrict Court of Appeal of Florida · 1981
- Santiagoherrera v. StoutDistrict Court of Appeal of Florida · 1985
3Cited by1 opinion
- Federal Insurance Company, Cross-Appellee v. Ncnb National Bank of North Carolina, Cross-Appellant, Ncnb National Bank of FloridaCourt of Appeals for the Eleventh Circuit · 1992