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KIMMINS RECYCLING CORP. v. ROGERS

No. 96-4041.

704 So.2d 600 (1997)

KIMMINS RECYCLING CORP., Appellant, v. Phyllis ROGERS and Roy Rogers, her husband, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied November 25, 1997.

Attorney(s) appearing for the Case

Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale, and G. Jeffrey Vernis of the Law Offices of Vernis & Bowling of Palm Beach, P.A., Jupiter, for appellant.

Michael Jeffries of Neill, Griffin, Jeffries, Lloyd, Fowler, Tierney & Neill, Ft. Pierce, for appellees.

Rehearing and Rehearing En Banc Denied November 25, 1997.

STONE, Chief Judge.

We reverse an order granting Plaintiff a new trial in this personal injury action. The court erred in concluding that a new trial was mandated by our opinion in Jarrell v. Churm, 611 So.2d 69 (Fla. 4th DCA 1992). The jury verdict provided that the defendant was 75% negligent, but that Plaintiff had not sustained a permanent injury. The jury...

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