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Lawler v. Hensley12/21/2000
Dec. 21, 2000
George Lawler appeals the trial court's judgment as a matter of law in his personal injury lawsuit against James Hensley and Erica Hensley, who are father and daughter. Since the Hensleys had admitted liability, the only issue to be decided at trial was the amount of damages owed. Mr. Lawler maintains the trial court erred when it granted the Hensleys' motion to dismiss due to a lack of evidence of damages. He also claims the court erred when it dismissed his case due to his failure to segregate damages. Because the first issue is dispositive of the outcome of this case, we reverse the trial court and remand for a new trial without reaching the merits of the segregation claim. Mr. Lawler's request for an award of costs and attorney fees on appeal is denied.
On August 8, 1993, Mr. Lawler was involved in a motor vehicle accident with Erica Hensley after which he suffered neck and back pain. The car Ms. Hensley was driving at the time of the accident was registered to her father, James Hensley. Although the parties agree that the Hensleys admitted liability for the accident prior to trial, the Hensleys dispute Mr. Lawler's claim of damages as a result of the accident. Accordingly, Mr. Lawler commenced a personal injury lawsuit in Spokane County Superior Court. A 12-person jury trial was held in February 1999.
At trial, Mr. Lawler testified that the day after the accident he sought treatment for his neck and back pain from his family physician, Dr. William Gray. Dr. Gray's nurse practitioner initially examined Mr. Lawler and concluded that the injury was probably minor and would heal quickly. Because Mr. Lawler was still complaining of pain three months later, Dr. Gray ordered a set of spinal X rays, which were reported as normal. For that reason, Dr. Gray decided not to change Mr. Lawler's treatment program. In April 1994, Dr. Gray again saw Mr. Lawler about back and neck pain related to the August 1993 accident. Since Mr. Lawler still complained of pain, Dr. Gray ordered an MRI of the neck to look for evidence of a disk injury or nerve root involvement. None was detected although there was evidence of some wear and tear of certain joints in his neck. The abnormality was not correctable by surgery as noted by the neurosurgeon who reviewed the MRI results. In the neurosurgeon's opinion there was no need for further therapy relative to Mr. Lawler's neck pain at that time. Dr. Gray testified that he thought the changes in the neck joints were directly related to the August 1993 accident. The neurosurgeon was not asked to give his medical opinion regarding the cause of Mr. Lawler's arthritic neck joints.
Because Mr. Lawler continued to complain of back pain, in January 1995 Dr. Gray referred him to Dr. Karen Stanek, a physical medicine specialist. She recommended a bone scan, which was completed with normal results. Another MRI was performed in February 1995, which revealed significant degenerative changes in the lower portion of Mr. Lawler's spine. In Dr. Gray's opinion, the changes were specifically worsened, accelerated, and aggravated by the August 1993 vehicle accident. Dr. Stanek testified that the condition was a new finding since the 1993 accident. She also testified that, in her medical opinion, the accident had 'at least exacerbated a condition so that {Mr. Lawler} was now unable to continue with his job pain free.' It was also her opinion that the aggravation was permanent.
Dr. Stanek referred Mr. Lawler to a chiropractor, Dr. A. John Trejbal, for treatment. Dr. Trejbal was able to successfully eliminate Mr. Lawler's back pain for short periods of time but the pain always recurred. Dr. Trejbal testified that Mr. Lawler's back i
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