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JOHNSON v. PHILLIPS

No. 76-398.

345 So.2d 1116 (1977)

Mary Lewis JOHNSON and Preferred Risk Mutual Insurance Company, Appellants, v. Mary L. PHILLIPS, Edmund Phillips and Auto Owners Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

May 20, 1977.

Attorney(s) appearing for the Case

A.J. Melkus, Lakeland, for appellants.

Eugene W. Harris, Peterson, Carr, Harris & Seacrest, Lakeland, for appellees Phillips.

Edward E. Fessenden, Jr., Lane, Massey, Trohn, Clarke, Bertrand & Smith, Lakeland, for appellee Auto Owners Ins. Co.

HOBSON, Acting Chief Judge.

The only point on this appeal and cross appeal which merits discussion is whether or not the appellee, Mary Phillips, crossed the threshold requirement provided for in Florida Statute 627.737(2).

Appellants contend that Mrs. Phillips did not prove within a reasonable medical probability that she suffered a permanent injury. In support of this contention appellants rely on Avis Rent-A-Car System, Inc. v. Stuart,

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