Allstate Indemnity Co. v. Diaz

SORONDO, Judge.

Allstate Indemnity Company (Allstate), appeals an order granting the motion for new trial of Elvia Diaz (Diaz), for violation of an order on a motion in limine.

Diaz filed a complaint under an Allstate policy for uninsured motorist coverage benefits arising out of an automobile accident with a hit-and-run driver. Prior to trial, Allstate admitted the accident and the only issue presented to the jury was the amount of damages Diaz was entitled to recover. Diaz moved in limine to preclude any evidence of permanency of her injury pursuant to Dauksis v. State Farm Mut. Auto. Ins.…