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Andrews v. Salter11/9/2000
The defendant's automobile ran into the rear of the plaintiff's car. After the collision, the plaintiff learned that she had sustained a ruptured disk and commenced the underlying action, seeking compensation for both personal injury and property damage. At trial, the court admitted evidence that the plaintiff had been involved two prior accidents within the past ten months. The trial court granted a directed verdict to the plaintiff on the issue of liability for the accident, but left open the question of whether the defendant's actions caused the plaintiff's injuries. The jury awarded the plaintiff $2,500 in damages, notwithstanding the fact that her undisputed medical expenses were substantially higher. The plaintiff appealed, arguing that the admission of the prejudicial and irrelevant evidence of prior accidents was error and that the jury improperly speculated on the cause of her injuries. The evidence of the prior accidents was limited, included no proof of personal injuries, and included no connection between the mere occurrence of these accidents and the plaintiff's injuries. Because the evidence of the prior collisions invited speculation, we reverse.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court
Reversed and Remanded
Patricia J. Cottrell, J., delivered the opinion of the court, in which Ben H. Cantrell, P.J. M.S. and William C. Koch, Jr., J., joined.
OPINION
In this personal injury and property damage case, Plaintiff Polly L. Andrews appeals a jury verdict awarding her $2,500 in damages, which was only a fraction of the uncontroverted, out-of-pocket medical expenses she incurred.
This case arose from an automobile accident on August 2, 1995. Ms. Andrews was stopped at a red traffic light when Mr. Salter's Grand Am ran into the rear of her Mustang. Although no injuries were reported at the scene of the collision and Ms. Andrews continued on to work, she subsequently experienced pain, sought medical care, and later discovered that she had ruptured a disk in her back. Her back injuries required substantial treatment, including an MRI, two months of physical therapy, cortisone injections, and the use and purchase of a transepidural nerve stimulator which distracts patients from their pain by sending an electric shock to the affected area. After the accident involving Mr. Salter, Ms. Andrews was unable to perform housework and other routine tasks or to pursue recreational activities as she had in the past. Although she missed little work, except for time she was absent for doctor's appointments and treatment, she occasionally had to lie on the floor of an office at work to ease the pain.
Ms. Andrews sued, alleging negligence. She sought damages for both personal injuries and property damage. At trial, she provided evidence that her medical expenses totaled $10,609.19, her lost wages were $425.35, and the estimate to fix her car was $581.42. She also sought damages for pain and suffering and future medical expenses.
After all the proof was presented, the trial judge granted a directed verdict to the plaintiff on the issue of liability for the accident, stating that no reasonable person could conclude otherwise. The court ruled that Mr. Salter was responsible for any damages which may have resulted from the accident. However, the judge stated that the main issues in the case were whether Ms. Andrews' injuries were caused by the accident and, if so, the extent of those injuries. In letting the damages issue go to the jury, the court also noted that the plaintiff had the burden to prove what, if any, injuries she suffered as a result of the accident.
Thus, the issue of
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