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Sulentic v. Heffron6/28/2000
Appeal from the Iowa District Court for Monroe County, James Q. Blomgren, Judge.
Plaintiff appeals contending the court erred in failing to grant additur or a new trial on damages following the jury verdict on his personal injury action.
REVERSED AND REMANDED FOR NEW TRIAL ON ALL ISSUES.
Plaintiff appeals contending the court erred in failing to grant additur or a new trial on damages following the jury verdict on his personal injury action. He also contends the court erred by reducing his medical expenses to amounts paid by Medicare. We reverse and remand for new trial on all issues.
Shortly after 10:00 a.m. on April 5, 1997, Steve Sulentic (Sulentic), born January 18, 1926, left the Owl Tap in Albia, Iowa after drinking one beer. Sulentic, who had ridden his bike to the Owl Tap, pushed his bike to the southeast curb at the intersection of Benton and Main Street. Sulentic claims the light had changed to "Walk" when he proceeded northbound across Benton Avenue. He was wearing glasses at the time and he also contends the northbound traffic light was green when he began to cross.
On this same date, Robert Heffron (Heffron) left the Monroe County fairgrounds and headed south on Main Street into Albia. He was driving a 1989 Chevy half-ton pickup truck. Heffron contends the light on the corner of Main Street and Benton Avenue was red when he reached that intersection. He waited in the left hand turn lane and claims he started making his left turn after the turn arrow was green.
Sulentic had proceeded approximately seven to ten feet across Benton Avenue when he was struck by Heffron's pickup truck. Heffron along with a witness, Danny Casper, believed Sulentic appeared to be hurt. Sulentic was taken to the hospital by ambulance.
Officer Randy Hutchinson investigated this collision. He determined that according to a breath test, Sulentic was not intoxicated. Officer Hutchinson met with Sulentic in the hospital. Sulentic claims he had the right to cross the street at the time of the incident. Officer Hutchinson also met with Heffron who stated he never stopped at the intersection because the light had turned yellow and he was going through it. Heffron, however, later denied ever stating the light was yellow. Both Officers Hutchinson and Kenneth Power gave testimony as to the sequence of the lights at the intersection of Main Street and Benton Avenue.
Officer Hutchinson had listed Sulentic's injuries as major and incapacitating. The emergency room diagnosed Sulentic as having multiple left lower extremity fractures due to trauma. X-rays taken revealed "fracture of the mid shaft of the fibula as well as fractures of both left malleoli in the ankle." Sulentic had multiple abrasions on the lower extremities, some evidence of bleeding on the right palm, a large hematoma on the right thigh, and deformity in the left ankle.
After he was examined in the emergency room, Sulentic was transferred by ambulance to Ottumwa Regional Health Center for further evaluation and treatment. Sulentic was examined by Dr. Jack Brindley whose impression was "multiple injuries from a bicycle/car accident with a fracture of the left mid fibula and fracture of left medial malleolus displaced, multiple contusions with large contusion medial right knee." Dr. Brindley also performed the following surgery on Sulentic: "Open reduction internal fixation of medical malleolar fracture, left ankle." He also placed a short arm cast on Sulentic's right arm to treat his non-displaced distal right radius fracture. Sulentic was discharged from the hospital two days after the accident on crutches with a short arm cast and a short left leg walking
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