Jones v. Smith

I respectfully dissent. The instruction given to the jury was neither misleading nor prejudicial. Section 627.737(2), Florida Statutes (1983) makes no specific mention of the subjective elements of an injury. In point of fact, section 627.737(2) states that the plaintiff must prove “permanent injury within a reasonable degree of medical probability.” The instruction here tracked that language; mention of subjective complaint was not required. See Eley v. Moris, 478 So.2d 1100 (Fla. 3d DCA 1985); Thompson v. Funny, 440 So.2d 687 (Fla. 1st DCA 1983); Garcia v. Antunez, 362 So.2d 72 (Fla. 3d DCA…