Tompkins v. Auto-Owners Insurance Co.

BLUE, Judge. In this claim for underinsured motorist benefits, Michael Tompkins contends the trial court erred in instructing the jury that future economic damages were recoverable only if he had sustained a permanent injury. We agree. See Ketchen v. Dunn, 619 So.2d 1010 (Fla. 2d DCA 1993). Therefore, we reverse for a new trial only on the issue of future economic damages. Auto-Owners argues that any error in the given instruction was harmless because Tompkins’ evidence of future economic damages would not result in a verdict greater than the amount he recovered from the un-derinsured motorist. Although this may be a close question, we cannot say as a matter of law that no recovery is possible. We find no merit in Tompkins’ second issue, nor in Auto-Owners’ cross appeal of the denial of attorney’s fees. Accordingly, we affirm in part, reverse in part and remand for a new trial solely on the issue of future economic damages. CAMPBELL, A.C.J., and THREADGILL, J., concur.