3 Fla. L. Weekly Supp. 608c

Insurance — Personal injury protection — Error to give jury instruction requiring plaintiff to prove reasonableness of all medical expenses submitted to PIP carrier, even though some expenses had already been paid and were admittedly reasonable

ENRIQUE DIAZ, Appellant, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 95-207 AP. Opinion filed January 26, 1996. An appeal from County Court, for Dade County, Florida, Lawrence A. Schwartz, Judge. Counsel: John H. Ruiz and Jose M. Francisco, for Appellant. Mitchell A. Chester and Richard A. Sherman, for Appellee.

(Before Paul Siegel, W. Thomas Spencer, Robbie Barr, JJ.)

(PER CURIAM.) The jury instructions required the plaintiff to prove the reasonableness of all medical expenses submitted to the PIP carrier even though some of the medical expenses had already been paid and were admittedly reasonable. This was error.

Reversed for new trial. (SIEGEL, SPENCER and BARR, JJ., concur.)

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