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Setliff v. Littleton12/15/2003
In this appeal from a plaintiff's verdict in a personal injury lawsuit, Carter Setliff contends that the trial court erred (1) in refusing to direct a verdict on certain damages, and (2) by charging or by failing to correctly charge the law in seven separate jury instructions. For the reasons set forth below, we affirm.
To recover damages attributable to a motor vehicle accident, Kelly Littleton, Sally Littleton, and Kelly's father, James T. Littleton, brought suit against Carter Setliff, the administrator of the estate of Prafulchundra Amin. In responding to the complaint, Setliff, on behalf of Amin's estate, denied liability, claiming that " he collision complained of resulted solely, directly and proximately by reason of a sudden medical emergency which suddenly rendered Prafulchundra Amin unconscious; and, which he had no prior warning of, was not under treatment for, had not experienced prior to the time of the collision, and cannot be held liable for." The answer denied that Amin was driving on the wrong side of the road, too fast for conditions, without due care, and that Amin's actions were negligent, grossly negligent, or negligent per se.
At trial, Kelly Littleton was the only person to testify in person. She testified that on April 27, 1998, a white van operated by Amin had crossed over a double yellow line and continued in the wrong lane before striking her car. Littleton, then only 15 years old, had a valid learner's permit and her mother, Sally Littleton, was with her. Littleton described seeing Amin's vehicle cross the double yellow line and come toward her car and how, despite her efforts to avoid the collision, Amin's van "hit the whole right front side of the car."
As a result of the collision, Littleton suffered neck, back, and knee injuries. Although her neck and back problems resolved, the knee problems did not abate despite surgery on both knees. Littleton testified that before the accident, she had been on her high school varsity tennis and swimming teams, but that afterwards she could no longer play tennis or swim due to the pain and strain on her knees. She described having trouble walking or standing for extended periods of time even when she wore her knee braces.
The Littletons offered the videotaped deposition of Thomas P. Branch, M.D., a board-certified orthopedic surgeon, who operated on her knees. Dr. Branch described in detail the surgical procedures that he performed and the rounds of crutches and physical therapy that Littleton had to undergo. According to Dr. Branch, by age 50 or 60, she will have a "very good chance" of needing total knee arthroplasty on both knees. In Dr. Branch's expert medical opinion, she will be dealing with "her bilateral knee pain for the rest of her life," is at significant risk for developing arthritis in her knees, and will need a lifetime of physical therapy. In his professional opinion, to a reasonable degree of medical certainty, her on-going knee problems are attributable to the motor vehicle collision with Amin.
On behalf of the defense, the videotaped testimony of two other doctors was presented. The defense tried to imply or insinuate that something other than the collision with Amin's van, such as a fall on some stairs or a different automobile accident, was the actual cause of Littleton's knee problems. The jury awarded $244,774.34 to her.
1. Setliff contends that the trial court erred by refusing to direct a verdict on the issue of the medical bills incurred by Sally Littleton on behalf of her daughter while she was a minor. Setliff claims that since Kelly Littleton did not turn 18 until April 18, 2001, the "medical bills incurred prior to April 18, 2001 are the res
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