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Hammarlund v. James9/7/2004
Troy Steven James appeals the district court's denial of his motion for a new trial, remittitur, or judgment notwithstanding the verdict. He argues the evidence did not support submitting the issue of future medical expenses or lost future earning capacity to the jury and he was entitled to judgment notwithstanding the verdict. In the alternative, he argues the jury's award of $776,000 for future medical expenses was grossly excessive and the district court abused its discretion in denying his motion for a new trial or remittitur. We affirm the jury's award for past and future pain, disfigurement, and disability but reverse and remand for a new trial on future medical expenses and lost future earning capacity.
FACTS
In 1999, respondent Scott Alan Hammarlund was involved in an automobile accident when James's vehicle struck the rear of Hammarlund's vehicle. The impact caused Hammarlund to hit the windshield with his head, resulting in cuts to both the front and back of his head and injury to his neck. He was taken to the hospital, where the cuts were sutured and he was released and told to follow-up with his family physician.
At the time of the accident, Hammarlund was 34 years old and worked as a groundsman for Xcel Energy. He does not have a high school diploma and has worked exclusively in jobs requiring physical labor.
Following the accident, Hammarlund missed one week of work and sought treatment for ongoing headaches and neck pain. He began treatment with a chiropractor, Lester Retzer. Hammarlund testified that the treatments alleviated his headaches for"a couple of hours and then they would come right back." After six months of treatment, Retzer recommended that Hammarlund consult a neurologist and discharged him from treatment.
Hammarlund sought treatment from Dr. Michael Sethna, a neurologist at the Noran Clinic in Minneapolis. Dr. Sethna diagnosed Hammarlund as suffering from"cervicogenic" headaches and determined that he had a decreased range of motion in his neck. Dr. Sentha prescribed medication and physical therapy and ordered a MRI. The MRI showed minor changes in his cervical spine, which Dr. Sethna considered normal for a man of Hammarlund's age. He attended six therapy sessions recommended by Dr. Sethna.
At a follow-up visit, Dr. Sethna referred Hammarlund to another chiropractor, Richard Zarmbinski. Hammarlund testified this treatment"helped to a certain degree.. . . [His neck] wasn't catching as often" and his headaches became less severe and did not last all day. Hammarlund initially received treatment two to three times per week. As his symptoms improved, the frequency of his visits declined to one to four times per month.
In 2003, Hammarlund returned to Dr. Sethna. Dr. Sethna found that the chiropractic treatments were helping, but the tension in Hammarlund's upper back and neck had not disappeared and his pain was"a good 7 on scale of 0 to 10." His headaches had also returned and were"relentless." The doctor recommended that he try a new antispasticity drug called Zanaflex.
Dr. Sethna testified that the Zanaflex reduced Hammarlund's headaches, providing as much as a 70% improvement but the drug also caused severe pain in his hips and shoulders, which caused him to stop taking the drug. Dr. Sethna prescribed a second antispasticity drug, Baclofen, noting that it might give persistent relief even after it is discontinued but that if his symptoms came back after discontinuing the drug, he may choose to remain on it indefinitely.
Hammarlund brought a personal-injury suit against James, seeking damages for injuries arising from the accident. At trial, liability was con
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