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Florida First DCA reverses trial court's directed verdict on amount of past medical expenses in case involving medical treatment for two successive accidents

On March 3, 2017, in Haney v. Sloan, No. 1D15-3905, the Florida First DCA reversed the trial court’s directed verdict on the amount of past medical expenses in a case involving medical treatment for two successive accidents. The First DCA observed that where a plaintiff has been involved in successive accidents but sues just one of the tortfeasors causing her injuries, it is the jury’s role to determine whether the plaintiff’s injuries can be apportioned between the first and second accident, and if the injuries cannot be apportioned, then in accordance with the indivisible injury rule the jury is to find the prior tortfeasor responsible for all of the injuries. See Gross v. Lyons, 763 So. 2d 276, 279 (Fla. 2000); In re Standard Jury Instructions In Civil Cases—Report No. 13–02, 135 So. 3d 281, 282 (Fla. 2014). Stating that “it is reversible error to grant a motion for directed verdict when conflicting evidence exists regarding the causation of injuries and the attribution of expenses between them,” the Court found that there was a conflict in the evidence at trial with regard to whether some of the medical expenses should be attributed to the first or second accident.