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Lawson v. Mitsubishi Motor Sales of America12/29/2004
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Dr. Henderson is Kelli's treating physician and has many years of experience. He thoroughly explained his findings and why the injury warranted the treatment he provided. The surgery revealed the true cause of Kelli's continued wrist pain, and he was the one who performed the surgery. We find no merit in the criticism of Dr. Henderson's prior course of treatment and recommended future treatment for Kelli.
Kelli, Kevin, and Kelli's sister, Kim, testified regarding Kelli's injuries and the effect they have had on her. As Dr. Bernauer testified, Kelli was helpless and totally dependent on others immediately after her accident. While her left thumb healed fairly quickly, she continued having pain in her right hand. She went to physical therapy for six weeks for her right thumb and hand, which she testified was extremely painful. She testified that the more she tried to get back into a regular routine after the accident, the more pain she suffered. She continues to suffer pain and instability in her wrist. She testified that sometimes her right wrist and hand get so stiff that she has to run hot water over them to relieve the stiffness.
In November 1999, Kelli attempted to return to her job at the Fourteenth Judicial District Clerk of Court's office. Kelli and her supervisor testified that she was unable to perform the job duties of the position she held at the time of her accident and that the other positions she attempted to perform, even though modified to some extent, required her to use repetitious movements of her right hand which caused her pain. Kelli testified that she had to take frequent breaks to relieve the cramps and stiffening that occurs when she uses her right hand. She also testified that she attempted performing her work with a splint on her wrist but could not because it hampered her work performance. Kelli explained that she left her job at the Clerk of Court's office because she could not perform her work without pain and she feared that her hand would worsen and require surgery sooner than estimated by Dr. Henderson. Kelli and Kevin testified that she had planned to work in the Clerk of Court's office until she could retire.
Dr. Henderson testified that most of the jobs females customarily perform are not good for Kelli's wrist because they require repetitious movement of the hands which will ultimately lead to a partial fusion and a total fusion at earlier ages. Consequently, he explained that Kelli can work, but her ability to do so is reduced. He restricted her employment to light to sedentary positions with limited repetitious movement.
Kelli is limited in the activities she can do at home: she can wash and dry laundry but cannot fold it; she cannot vacuum or mop the floors; she must take frequent breaks during her daily routine to relieve her right wrist; she has had to modify the way she picks up her children, putting her right arm under their arm and lifting with her elbows instead of her wrists; and she cannot play with her children as she would if she had not received this injury . She can no longer enjoy her hobbies of bowling, cross-stitching, and gardening, and her ability to write with her right hand is limited.
Kelli's continuing problems with pain in her right hand limit her ability to care for herself and her family and work outside the home. She is right hand dominant and has tried to become more efficient using her left hand to reduce the pain in her right wrist which occurs with use. She often wears a brace, yet her wrist still hurts and swells. She still requires much assistance from Kevin and Kim. Kim testified that Kelli attempts to do the same things she did before the accident, but she pays for it with pain and
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