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Browning v. Ringel2/24/2000
Alene, October 1999 Term
2000 Opinion No. 7
Frederick C. Lyon, Clerk
Appeal from the First Judicial District of the State of Idaho, Kootenai County. Hon. Charles W. Hosack, District Judge. Appeal from judgment in favor of appellants on basis that district court erred in apportioning damages. Affirmed.
This is an appeal from a judgment entered after a bench trial, based on findings of fact and conclusions of law, awarding appellants damages arising out of a motor vehicle accident. Appellants claim that the district court erred as a matter of law in apportioning the damages between a pre-existing medical condition and injuries relating to the accident, and that certain of the court's findings of fact were not supported by substantial and competent evidence. We affirm.
I.
FACTS AND PROCEDURAL BACKGROUND
A. Facts
On July 12, 1994, appellant Judy N. Browning (Browning), while operating her 1991 Chevrolet Blazer in the course of her employment as single copy manager for the Coeur d'Alene Press, was involved in a motor vehicle accident with respondent Richard Ernest Ringel (Ringel), who was operating a logging truck on behalf of his employer, respondent Ervin Meeks Logging Co., Inc. On that day, both Ringel and Browning were driving eastbound on Aqua Avenue near its intersection with State Highway 95 in Coeur d'Alene. When Ringel approached the intersection, he was stopped by a flagger and told that the intersection was closed by road crews for construction. Ringel could not proceed forward and had to back up to turn around. Browning had driven up behind Ringel and had stopped a few car lengths behind his truck, in Ringel's blind spot. After checking his mirrors and not seeing Browning, Ringel backed up his truck and collided into the front of Browning's Blazer.
At the time of the accident, Browning was 55 years old and had worked for the Coeur d'Alene Press for seventeen years. During the first twelve years of her employment, she delivered 45 to 70 bundles of papers weighing 30 to 40 pounds each to stores and newspaper racks daily. In 1988, her job became more supervisory, but she still had to lift newspaper racks weighing up to 140 pounds, as well as bags of money weighing 40 to 50 pounds. Prior to the accident, Browning suffered from a number of pre-existing injuries and ailments.
After the accident, Browning experienced pain in her right shoulder and neck, increased pre-existing back pain and muscle tension headaches. In March 1995, Browning was taken off work by her physician due to the pain. In May 1996, an orthopedic surgeon, Dr. Pike, diagnosed Browning as having a partial rotator cuff tear. Browning had surgery to repair the torn rotator cuff in November 1996. In mid-January 1997, Browning returned to work full-time as an office clerk, and in July 1997, she was promoted to circulation office manager.
B. Procedural Background
On March 7, 1996, Browning and her husband filed a complaint against Ringel and his employer for personal injury damages, property damages and for loss of consortium arising out of the July 12, 1994 accident. Following a bench trial in February 1998, the district court issued its findings of fact and conclusions of law.
The court made numerous findings of fact with respect to Browning's prior injuries. Certain of these are as follows: In October 1984, Dr. Don Schmitt treated Browning for severe low back spasms which a CT scan showed to be caused by mild to moderate degenerative changes in her lower lumbar spine and a bulging disc. In 1987, Dr. Schmitt treated Browning for anxiety headaches. In November 1988, Dr.
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