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FOSTER v. STATE FARM MUT. INS. CO.

No. 1D11-928.

85 So.3d 1219 (2012)

Paula FOSTER and Edward Foster, Appellant, v. STATE FARM MUTUAL INS. CO., a Foreign Insurance Company, Appellee.

District Court of Appeal of Florida, First District.

May 1, 2012.

Attorney(s) appearing for the Case

Rebecca Bowen Creed and Bryan S. Gowdy of Creed & Gowdy, P.A., Jacksonville, for Appellant.

Rhonda B. Boggess and Marsa S. Beck of Taylor, Day, Currie, Boyd & Johnson, Jacksonville, for Appellee.

PER CURIAM.

AFFIRMED.

BENTON, C.J., and MARSTILLER, J., CONCUR. MAKAR, J., specially concurs with written opinion.

MAKAR, J. (Specially concurring).

I concur in the affirmance, but write to discuss two of the means by which the defendant, State Farm, challenged the evidence regarding the permanency of injuries sustained by the plaintiff, Paula Foster. By utilizing these two means, State Farm created an issue for the jury under Wald v. Grainger...

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