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Honsinger v. Egan9/12/2003
Present: All the Justices
In this appeal, we consider whether the trial court erred in refusing to grant certain jury instructions proffered during the trial of a personal injury lawsuit.
BACKGROUND
This case arose from an automobile accident that occurred on October 24, 1998 in Fairfax County involving motor vehicles operated by Sheila F. Egan (Egan) and Donna M. Honsinger (Honsinger). For purposes of our resolution of this appeal, the facts surrounding the occurrence of that accident are not pertinent. Honsinger's liability is not at issue here.
On December 2, 1999, Egan filed a motion for judgment in the Circuit Court of Fairfax County (the trial court) against Honsinger alleging that Egan suffered various injuries in the 1998 accident. She alleged that those injuries included "traumatic brain injury" and "post-traumatic stress disorder and other mental anguish, fear, anxiety, depression and loss of energy, focus and stamina." Egan alleged that as a result of her injuries she had suffered "lost earning capacity and loss of occupation as a professional singer." She sought damages of $2,500,000.
The subsequent trial essentially became a battle of experts with regard to Egan's asserted injuries and damages. There was evidence that two days after the accident, Egan went to the emergency room of the Columbia Reston Hospital Center complaining of dizziness, vertigo, and headaches. The attending physician there referred Egan to Dr. Ruben Cintron, a neurologist, who treated her for a multitude of symptoms including headaches, fatigue, memory problems, mood swings, and depression. Dr. Cintron concluded that these symptoms were consistent with a mild traumatic brain injury caused by acceleration and deceleration forces upon Egan during the 1998 accident. Dr. Cintron referred Egan to Dr. John W. Wires, a neuropsychologist, to aid in her treatment. Dr. Wires concurred with the diagnosis made by Dr. Cintron.
Honsinger's asserted theory of the case was that Egan's "constellation" of conditions or symptoms arose from other causes that were unrelated to the accident. This "two causes" defense is the principal focus of the issue now before us.
Honsinger introduced evidence that Egan had suffered through a series of traumatic events in her life, including a sexual assault, her parents' divorce, and her own divorce. Additional evidence showed that Egan also suffered from adult-onset diabetes. There was some indication that her insulin levels had fluctuated both before and after the accident, and that Egan had been hospitalized because of high blood sugar in 2000.
To counter Egan's evidence regarding a traumatic brain injury and its attendant symptoms, Honsinger presented evidence that Egan had complained of similar symptoms prior to the 1998 accident, most notably during a visit to a chiropractor in 1995. A document relating to that visit showed handwritten endorsements by Egan listing symptoms including nausea, fatigue, headaches, and dizziness.
Dr. Thomas V. Ryan, a clinical neuropsychologist, testified for Honsinger that Egan's symptoms could have been the result of one of many different physiological events including previous psychological problems, brain damage from unstable diabetes, or a mild traumatic brain injury. Dr. Ryan opined that Egan could be presenting these symptoms as a form of "secondary gain," * with Egan focusing on her physical symptoms from the accident as a way of masking her latent psychological condition. Using the results from a series of clinical tests conducted on Egan, Dr. Ryan expressed the opinion that she was not suffering from a mild traumatic brain injury as a result of the
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