Riley v. Salley

874 So.2d 874 (2004)

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Nature of the Case

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Facts

P was involved in a two-vehicle accident where another vehicle driven by D ran a stop sign and struck P's vehicle. P sustained injuries as a result of the accident. Prior to the crash, P received physical therapy for a preexisting injury to the same area. P filed a lawsuit and prior to trial, all parties stipulated to liability on the part of D in causing the accident. The jury found that P was injured in the accident and concluded that the accident aggravated P's pre-existing condition, precipitating the need for surgery. The trial court rendered judgment in favor of D in the amount of $137,652.60. D appealed. D claims the trial court erred in finding that P's neck injury and the resulting surgery was caused by the automobile accident based on P’s preexisting condition.