JAMI L. CARMONA and, EVANGELINA CARMONA, Appellants, v. AIDA R. CARRION and EMILIO CARRION, Appellees., 779 So. 2d 337

Summary

After an automobile accident, appellee complained of injuries to her neck and back. When appellants cross-examined appellee and her doctor, appellant elicited details of a prior work-related injury in which appellee complained of symptoms similar to those resulting from her work-related injury. Appellee and her doctor testified that the injuries for which she sought compensation were not in any way related to the prior work-related injury. The record contained no evidence supporting a jury instruction on aggravation of pre-existing injuries. Rather, the jury heard specific, direct evidence from both appellant and appellee's experts that appellee's injuries were in no way related to the prior incident. The court held that because the jury returned a zero verdict for future medical expenses, future lost wages, future pain and suffering, it could not say that the error was harmless. Therefore, it reversed and remanded the case for a new trial on damages.