Schorr v. Thaw

The order granting a new trial for the plaintiffs Ronald and Elaine Thaw after they had suffered an adverse jury verdict in this vehicular negligence action is reversed. We reach this conclusion based on the following, briefly stated, legal analysis.

The sole basis for the new trial order is the trial court’s determination that it erred in failing to instruct the jury on the no-fault threshold of serious, non-permanent injury under Section 627.737(2)(e), Florida Statutes (1977). We cannot agree. The asserted error was not preserved at trial and was not fundamental in nature. The plaintiffs did…