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NAVARETTE v. KERN

No. 4D06-4962.

975 So.2d 1246 (2008)

Martin NAVARETTE, Appellant, v. Lisa KERN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 12, 2008.

Attorney(s) appearing for the Case

Betsy E. Gallagher and Michael C. Clarke of Kubicki Draper, Tampa, for appellant.

Jane Kreusler-Walsh and Rebecca Mercier Vargas of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Casey D. Shomo of Casey D. Shomo, P.A., West Palm Beach, for appellee.

GROSS, J.

Lisa Kern filed a personal injury suit against Martin Navarette arising out of a rear-end automobile collision. Navarette conceded the issue of liability. Kern tried the case on the theory that the accident aggravated a pre-existing condition; she underwent spinal surgery. Her expert testified the accident aggravated a "preexisting abnormal disc." The defense expert testified that the accident caused not a permanent injury, but only a cervical sprain. The...

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