Hathcock v. Wood3/16/2001
This negligence case arises out of an automobile accident that occurred on March 19, 1994. The defendant Ben Cleburn Hathcock appeals from a judgment entered upon a jury verdict awarding $600,000 to the plaintiff Marshall Wood and $200,000 to the plaintiff Reba Wood. We affirm.
I. Facts and Procedural History
On the morning of March 19, 1994, Ben Hathcock was traveling west, behind three automobiles, on Highway 278, which connects Piedmont and Gadsden. Dorothy Law was driving the first vehicle, the one the farthest ahead of Hathcock; Reba Wood, with her husband Marshall Wood as her passenger, was driving the second vehicle; an unknown person was driving the third vehicle, the vehicle immediately ahead of Hathcock.
According to the evidence presented at trial, Law, driving the lead automobile, activated her left turn signal as she reached the crest of a hill, to indicate her intent to turn into the driveway of a private residence. As Law stopped on the highway to allow an oncoming car to pass, Mrs. Wood prepared to stop behind her. The third vehicle, however, swerved to the right and headed toward the shoulder of the road past the Woods' vehicle. Hathcock, who testified that he did not see Law's turn signal or brake lights, quickly applied his brakes and turned to the right also; his vehicle hit the rear of the Woods' vehicle, at an angle, shoving it into Law's vehicle.
Mr. and Mrs. Wood were injured in the accident. Soon after the accident, they sought medical treatment for their injuries at a hospital emergency room. Mrs. Wood complained of rib and chest pain; she was treated and released that same day. Her medical expenses totaled $1,068.50. Mr. Wood was treated for a neck strain and was given a cervical collar, and he, too, was released that same day. This visit to the hospital provided Mrs. Wood's only treatment, but the record suggests that it merely marked the beginning of Mr. Wood's treatment.
Over the next two years, Mr. Wood sought treatment from several doctors. On April 7, 1994, almost three weeks after the accident, Mr. Wood sought treatment for his neck. He was diagnosed with a neck strain; he did not return for treatment until February 2, 1995. At that time, he was continuing to complain about pain in his neck. On March 22, 1995, Mr. Wood sought treatment from a chiropractor; the chiropractor treated him 34 times, until August 1995. After Mr. Wood had concluded the chiropractic treatments, he sought medical attention, in December 1996, from a new physician. The record suggests that, after that time, Mr. Wood sought regular treatment from several physicians, including a neurosurgeon, for pain in his neck, shoulders, and back, as well as for what he alleges was a deteriorating mental condition.
The Woods sued Hathcock on March 18, 1996, alleging that Hathcock had negligently or wantonly caused the 1994 automobile accident. As the trial began, defense counsel suggested in her opening argument that the evidence would show that Mr. Wood's alleged injuries were exaggerated, or, alternatively, were not related to the 1994 accident. She specifically stated that the evidence would show significant gaps of time between treatments, especially during the year following the accident. At the conclusion of the opening statements, the Woods' counsel called Mrs. Wood as his first witness. During her testimony, Mrs. Wood on several occasions referred the Woods' financial condition, indicating that it was poor, and at times suggesting that it caused them to delay Mr. Wood's medical visits. Mrs. Wood also said that as a result of the accident she and her husband had been poor and that their poverty had caused them to lose their house and their
Page 1 2 3 4 5 6 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|