 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gosnell v. Robertson8/20/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
This appeal follows a jury trial held during the 5 April 2000 Civil Session of Buncombe County Superior Court. The pertinent facts are as follows: Plaintiff Clayton Gosnell and defendant Alex Robertson were involved in a motor vehicle accident on 22 October 1998 in Cabarrus County, North Carolina. Plaintiff was travelling west on Davidson Highway, and defendant was travelling east. As defendant approached the intersection of Davidson Highway and Chadbourne Avenue, he attempted to make a left-hand turn, but crossed the yellow line into plaintiff's lane of traffic. Defendant hit the side of plaintiff's vehicle, which was then struck head-on by a third vehicle. Plaintiff suffered severalsubstantial visible injuries and complained of a loss of his sense of taste, as well as injuries to his neck, left shoulder, and left arm. Immediately after the accident, plaintiff was taken by ambulance to the emergency room. He was released the following day and was instructed to seek follow-up care with his regular doctor. As part of his course of treatment, plaintiff visited five different doctors.
Plaintiff's family physician, Dr. Christina McQuiston, first examined plaintiff on 28 November 1998. At that time, Dr. McQuiston noted plaintiff had been involved in a motor vehicle accident and complained of a head injury and obvious lacerations to his jaw and lower lip. Dr. McQuiston was concerned plaintiff had suffered significant damage to his temporomandibular joint and referred plaintiff to Dr. James Scully, an oral surgeon. On 8 February 1999, Dr. McQuiston saw plaintiff and noted he was experiencing numbness and tingling in his left arm. Upon examination, Dr. McQuiston found a significant decrease in the range of motion of plaintiff's neck.
Because of plaintiff's continued complaints of neck pain and numbness in his left arm, Dr. McQuiston referred him to Dr. Richard Weiss, a local neurosurgeon. Dr. McQuiston continued to see plaintiff over the next ten months. Dr. McQuiston's last examination of plaintiff on 13 March 2000 revealed continued numbness, tingling and loss of strength in the left arm, despite treatment from Dr. Weiss. Dr. McQuiston opined that plaintiff'spersistent neck and arm pain and numbness were the result of the motor vehicle accident on 22 October 1998.
Dr. Weiss' initial exam revealed plaintiff had neck and left arm pain, as well as numbness and tingling in his left arm. His physical exam noted a decrease in the range of motion of plaintiff's neck and a lack of sensation over plaintiff's neck and shoulder. Dr. Weiss diagnosed plaintiff with a flexion/extension injury (whiplash) to his neck stemming from the accident. Dr. Weiss testified the pain in plaintiff's left shoulder was related to the pressure of the shoulder harness on his shoulder. Dr. Weiss also testified that a person who suffers a blunt trauma to his head could lose his sense of taste. Dr. Weiss recommended physical therapy for plaintiff's injuries.
Plaintiff was also seen by Dr. James Hoski, an orthopedic spine surgeon. Dr. Hoski began treating plaintiff on 2 May 2000, less than two months after Dr. McQuiston last saw him. Plaintiff continued to report left arm and neck pain and numbness. Dr. Hoski's physical examination of plaintiff corroborated the findings of Dr. McQuiston and Dr. Weiss and noted a limited range of m
Page 1 2 3 4 5 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|