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Vuyancih v. Bond Chiropractic Center6/24/1999
JUDGMENT: Affirmed.
Appellants Christine and Michael Vuyancih ( Vuyancih ) appeal a decision by the trial court denying their motion for a new trial in a chiropractic malpractice action against Appellees Bond Chiropractic Center and Bruce Bond ( Bond ). Vuyancih assigns the following error for our review:
I. WHETHER THE TRIAL COURT ERRED IN DENYING PLAINTIFF'S MOTION FOR A NEW TRIAL, IN FAVOR OF BOND CHIROPRACTIC CENTER, ET AL., DEFENDANTS.
Having reviewed the record and the legal arguments of the parties, we affirm the decision of the trial court. The apposite facts follow.
Christine Vuyancih was employed as an architectural illustrator of Retail Planning Associates in Columbus, Ohio. While living in Columbus, Vuyancih experienced migraine headaches. She visited a neurologist who prescribed muscle relaxers for treatment of the headaches. However, the muscle relaxers rendered Vuyancih unable to perform her job . She then consulted a specialist who diagnosed her with temporomandibular joint disorder (TMJ) and prescribed a mouth appliance to prevent nighttime teeth grinding. When she failed to achieve relief from the headaches, Vuyancih began seeing a chiropractor, Dr. Christopher Keller. Keller treated Vuyancih's headaches by manipulating her neck. The treatments gave Vuyancih relief from the headaches.
In 1993, Vuyancih moved to Cleveland, Ohio to work as a commercial artist at Accent Design, an architectural design firm. After her relocation to Cleveland, Vuyancih began seeing local chiropractor Bruce Bond. Her first visit with Dr. Bond took place on February 10, 1994. On that visit, Bond completed a form listing Vuyancih's family medical history and personal medical history. The form listed Vuyancih's chief symptoms as sporadic migraines and nausea. Bond treated her by performing a rotary adjustment of her neck. Bond also saw Vuyancih on February 17, 1994 where she appeared with symptoms of slight headache and neck ache. On that date, he wrote in a progress report that Vuyancih has had chiropractic care for migraines in the past and has had very good results. Bond performed a bilateral cervical spine manipulation on Vuyancih on February 17, 1994. Bond saw Vuyancih again on July 28, 1994. On that date, she complained of a stiff neck and said that she felt something pop after moving. Bond again performed a neck manipulation. Vuyancih later testified that she did get some relief from her symptoms after Bond's treatments.
On December 28, 1994, Vuyancih went to the Urgent Care Center seeking treatment for a sore neck and flu-like symptoms including congestion and vomiting. The Urgent Care Center prescribed amoxicillin and Vuyancih returned home. On New Year's Eve 1994, Vuyancih became ill and went to bed early. She was again experiencing flu-like symptoms, including a slight headache which got progressively worse during the afternoon. She went to the Urgent Care Center again on New Year's Day because her symptoms had not improved. Her vomiting was more frequent and her neck was sore. During her visit, x-rays were taken of her neck and she was given a cervical collar.
On January 2nd, Vuyancih called Dr. Bond's office for an appointment because she was still not feeling better. She went to Bond's office later that day. According to Vuyancih, Bond treated her by turning her neck twice to the right and twice to the left very forcefully. Before manipulating Vuyancih's neck, Bond did not check her vital signs or speak with her in detail about her condition. After the manipulation, Vuyancih received therapy which consisted of cold packs and ultrasound stimulation of her neck.
After her visit to Bond on January 2
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