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ALLSTATE INSURANCE CO. v. EDENFIELD

No. 88-0280.

543 So.2d 874 (1989)

ALLSTATE INSURANCE COMPANY, Appellant, v. Linda EDENFIELD, Appellee.

District Court of Appeal of Florida, Fourth District.

May 31, 1989.

Attorney(s) appearing for the Case

Janet DeLaura Harrison of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbets, P.A., Rockledge, for appellant.

Steven L. Perry of Crary, Buchanan, Bowdish & Bovie, Stuart, for appellee.

PER CURIAM.

REVERSED. We believe the trial court abused its discretion in ordering a new trial after a jury had determined that the appellee did not sustain a permanent injury within the meaning of Florida's tort claim statute, section 627.737(2), Florida Statutes (1987). Our review of the record reflects the existence of conflicting evidence on this issue, including conflicting medical expert opinions. The appellee contends that the medical expert, relied upon by...

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