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GILES v. LUCKIE

No. 1D01-1802.

816 So.2d 248 (2002)

Gail GILES and James Giles, Appellants, v. Curtis LUCKIE, Appellee.

District Court of Appeal of Florida, First District.

May 16, 2002.

Attorney(s) appearing for the Case

James F. McKenzie of McKenzie & Taylor, P.A., Pensacola, for Appellants.

Donald A. Dowdell of Florida Department of Insurance, Tallahassee, for Amicus Curiae Florida Department of Insurance.

James A. McGhee of Hook, Bolton, Mitchell, Kirkland & McGhee, P.A., Pensacola, and Angela C. Flowers of Kubicki Draper, Miami, for Appellee.

ALLEN, C.J.

The appellants brought a negligence action against the appellee for injuries sustained in an automobile accident. They requested that the jury be instructed that it could award damages for loss of capacity for the enjoyment of life, loss of consortium, disability, and disfigurement, even if it found that the permanency threshold of the Florida Motor Vehicle No-Fault Law, sections 627.730-627.7405, Florida Statutes (1997), was not satisfied. The trial court...

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