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Lowery v. Savana5/10/2000
fore and her ears hurt where Savana hit her. She also had "trouble with hearing in her right ear" after the accident.
At the recommendation of her neurologist, Lowery began seeing Dr. Bobby Stephenson ("Stephenson"), a psychologist. For trial purposes, Stephenson was tendered as an expert in the field of psychology; he testified via deposition which was introduced at trial in lieu of his testimony. Stephenson first saw Lowery on May 20, 1998. At that time, he felt that Lowery was continuing to have emotional difficulty in managing and dealing with the events of December 1997. Specifically, she was hypervigilant, constantly looking over her shoulder in fear that she would run into Savana. Stephenson also noted that Lowery was anxious, having problems sleeping and continued to complain of headaches. Stephenson diagnosed Lowery with post-traumatic stress disorder. Although he saw her only three times (May 20, 27 and June 18, 1997), he felt that Lowery needed continued counseling. He testified that even with counseling she would persist in long-term anxiousness, worry, dread, generalized distrust and specific distrust in future relationships. He felt that Lowery would tend to have trouble regaining her sense of safety and security in the world. Stephenson felt that with therapy, however, Lowery would make a fairly good recovery in six months; he felt that this could be accomplished in twenty-six sessions. The last time he saw Lowery, she had made improvement but had not recovered from the trauma.
Lowery testified that she quit seeing Stephenson because of her job move in June of 1998. She also noted that she still experienced severe headaches as of the time of trial (June 29, 1999). At times, the headaches are more frequent than others and she continued to utilize medication for treatment. Her eye and ear difficulties continued at the time of trial, including her right ear hearing problems. Lowery testified that she continued having nightmares and remained fearful that she might see Savana.
Puckett noted changes in Lowery after the accident. She described her as "less independent," "more afraid and upset," and "just different."
From this evidence, we can deduce no abuse of discretion in the trial court's general damage award. Lowery received a substantial and unprovoked physical beating at the hands of Savana. The obvious humiliation experienced by Lowery escalated during the attack as she resorted to demeaning tactics in order to save her life. Any private humiliation soon became public after she was forced to appear before family, friends and co-workers with the obvious physical results of the battery. The ordeal caused serious and long-term physical pain and mental anguish, including, but not limited to, headaches and post- traumatic stress disorder. Considering both these facts and the great discretion granted to the trial court in the assessment of damages for battery, we decline to disturb the $35,000 award.
Past Medical Expenses
Savana finally claims that the trial court erred in awarding $5,133 in past medical expenses to Lowery. At trial, Lowery sought to introduce proof of her medical expenses related to the battery through insurance statements she received in the mail; Lowery testified that she received no medical bills. After defense objection, the trial court rejected the introduction of this evidence as hearsay. Accordingly, the only evidence presented in proof of medical expenses was Lowery's testimony that her total medical outlay was $5,133. The trial court accepted her testimony as sufficient proof of past medical expenses and awarded the total amount; Savana was granted a $1,200 credit for amounts he paid as the result of the
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