Finkel v. Batista and Sanchez

Evan Finkel and Julie Finkel, the defendants in the underlying lawsuit, appeal the order granting Yarielsi Batista and Rodney Sanchez, the plaintiffs, a new trial after the jury awarded the plaintiffs no damages. The trial court based its decision on the general rule that a plaintiff is entitled to recover at least the medical expenses incurred for any diagnostic testing reasonably necessary to determine whether an accident caused injury. See Sparks-Book v. Sports Authority, Inc., 699 So.2d 767, 768 (Fla. 3d DCA 1997). We reverse because exceptions to this general rule apply, sufficient…