Government
Employees Insurance Co. v. Krawzak,
675 So. 2d 115 (Fla. 1996).
Plaintiff,
who was rear-ended by an automobile driven by the defendant, sued the
defendant and her uninsured motorist carrier in the Palm Beach County
Circuit Court. The defendant’s uninsured motorist carrier also insured
the plaintiff. The jury found the plaintiff was not permanently injured.
Ms.
Lippincott represented the injured plaintiff on appeal to the Fourth
District Court of Appeal. The appellate court ruled in Krawzak v.
Government Employees Insurance Co., 660 So. 2d 306 (Fla. 4th
DCA 1995), that because the jury instruction on permanent injury was
incorrect, a new trial was required. In addition, the court held that an
uninsured motorist carrier who is properly sued should be disclosed to
the jury as a party defendant.
The
insurance company appealed to the Florida Supreme Court and Ms.
Lippincott again represented the injured plaintiff. The Supreme Court
upheld the decision that the plaintiff was entitled to
a new trial for all the reasons stated by the Fourth District.
