Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident SuitTuesday, February 26th, 2013
Law Offices of Robin Bresky Obtains Affirmance of Final Judgment Based on Verdict for Plaintiff in Personal Injury Automobile Accident Suit
Garcia Rojas v. Aristizabal, 3D12-384
The Law Offices of Robin Bresky recently won an affirmance of a final judgment awarding our client damages for personal injuries he sustained in an automobile accident. Our client went to trial in his personal injury suit and obtained a jury award of $185,277 in the trial court in Miami. No medical expert testified at the trial, but our client testified about his injuries, his treatment, and the resulting medical bills. The trial court admitted the medical bills into evidence over defense counsel’s objection. The trial court later entered a final judgment in our client’s favor based upon the jury verdict.
The defendant appealed the final judgment, arguing that our client had not provided sufficient testimony to admit the medical bills into evidence. We argued that our client’s testimony was sufficient under Florida law to make the reasonableness and necessity of medical bills a question for the jury. We stressed that Florida law does not require expert medical testimony in order to prove the reasonableness of a personal injury plaintiff’s medical bills.
The Third DCA issued a per curiam affirmance of the trial court’s order. This result in the appellate court preserved our client’s hard-won jury verdict.
** The mandate has not yet issued **