WOLSKI v. CLARK

No. 96-05013

746 So.2d 466 (1997)

Thomas J. WOLSKI and Susan Schwartz Wolski, Appellants, v. Kenneth M. CLARK and Ellesa Clark, individually and as husband and wife, Appellees.

District Court of Appeal of Florida, Second District.

August 29, 1997.


Attorney(s) appearing for the Case

Amy S. Farrior and Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa, for appellants.

Daniel A. Carlton, Sarasota, for appellees.


PER CURIAM.

The appellants, Thomas J. Wolski and Susan Schwartz Wolski, challenge a final judgment awarding the appellees, Kenneth M. Clark and Ellesa Clark, damages in the amount of $867,000 and costs in the amount of $8,237.97. We find that the trial court erred by not allowing the jury to consider the issue of the permanency of Mr. Clark's injuries and, accordingly, reverse and remand for a new trial on the question of damages.

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