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Syphax v. Kirkland5/22/2000
Plaintiffs-appellants, Barbara and James Syphax, appeal the jury verdict and the denial of their motion for a new trial in their personal injury suit against defendant-appellee, Susan Randall Kirkland.
On August 23, 1995, Barbara and Susan were involved in a car accident in which Susan rear-ended Barbara's minivan. The minivan driver's seat came off its track, throwing Barbara into the airbag. She was taken to the Bethesda Medical Center emergency room where she was treated for possible neck injuries. She was released that same day, but suffered from neck and back pain for a significant period of time. The present suit arises out of this accident, but a review of Barbara's past medical history is necessary to understand the issues in this appeal.
Barbara has a long history of medical problems and treatments dating back twenty years. In 1978, she injured her neck and right shoulder as a result of breaking concrete with a sledgehammer. In 1985, she had surgery on her right shoulder to alleviate problems which had developed since the 1978 injury. In 1987, Barbara injured her neck while working as a registered nurse at a local hospital. She was injured when helping to lift a patient for treatment. In June 1988, she underwent cervical surgery which fused the fourth and fifth cervical vertebrae in her neck.
After the 1988 surgery, Barbara quit her employment as a registered nurse, and began working at the car wash which she and James had recently purchased. In 1990, Barbara was involved in an automobile accident in which her car was rear-ended. Her prior injuries were aggravated. In March 1991, she underwent another cervical surgery which fused her sixth and seventh vertebrae. Although it took longer for her to recuperate, trial testimony was that she recovered fully except for some lingering pain. Beginning in 1993, Barbara began seeing a pain specialist to alleviate the pain from the prior injuries. A suit was filed as a result of the 1990 accident seeking compensatory damages for permanent injury to Barbara's neck and temporary loss of consortium for James. This suit was settled in 1994.
In 1995, Barbara was involved in four automobile accidents, including the one leading to the instant case. In January 1995, her car was hit from the side, but there was no serious damage to either vehicle. Testimony and medical records indicated that Barbara suffered no injury or noticeable aggravation of her prior injuries. In March 1995, she was involved in a highway accident. She complained of increased pain in her neck and upper back as a result of the accident. The pain continued for months, but she testified that she otherwise fully recovered. In July 1995, while on the way to a doctor's appointment, Barbara swerved into another car, causing minor damage. Neither Barbara nor the other driver reported any injuries.
On August 23, 1995, the accident caused by Susan occurred. Although Barbara was treated for possible neck injuries in the emergency room, it was not investigated whether her back was injured. Two days later, she visited her family doctor, Dr. Steven Raymond Weber, complaining of bruises and cervical strain. On October 2, 1995, Barbara returned to Dr. Weber to complain of a developing pain in her lower back, which spread into her right thigh. Dr. Weber prescribed antiinflammatory medication and exercises to alleviate the pain. At that time, she was also seen by Dr. Melvin Whitfield, a neurosurgeon, and she continued to be seen by her pain specialist.
On October 25, 1995, Barbara was referred by Dr. Whitfield to a massage therapist for muscle problems. Drs. Weber and Whitfield recommended conservative treatments. Dr. Weber testified tha
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