5 Fla. L. Weekly Supp. 660d
Insurance — Personal injury protection — Record, including a report of attending physician showing that insured was disabled by fractured femur for period of about five months after accident, is sufficient to raise genuine issue of material fact on entitlement to PIP benefits for loss of future earning capacity — Error to enter summary judgment in favor of insurer
LUIS CUZA, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case Nos. 97-150 AP & 97-169 AP. Opinion filed June 5, 1998. An appeal from the County Court for Dade County, Lawrence Schwartz, Judge. Counsel: Manuel A. Fernandez, for Appellant. Michael Minkin, for Appellee.
(Before PHILIP BLOOM, GISELA CARDONNE, and PAUL SIEGEL, JJ.)
(PER CURIAM.) Cuza appeals a summary final judgment in his PIP claim against Fortune Insurance Company. The documents submitted on the claim for loss of future earning capacity include a report of the attending physician showing that Cuza was disabled by his fractured femur for a period of about five months after the accident. This feeble record is sufficient to raise a genuine issue of material fact on entitlement to PIP benefits for loss of future earning capacity.
In order to prevail at trial, Cuza will need to present substantially more evidence than this record reflects, W.R. Grace & Company v. PYKE, 661 So. 2d 1301 (Fla. 3d DCA 1995), but summary judgment should not have been entered.
REVERSED and REMANDED for further proceedings consistent with this opinion.
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