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Pugliese v. Perdue9/3/1999
received was a very minor bump . . . , that the bulk of his back injuries that he sustained were from a pre-existing condition, . . . and that as a result of this particular accident, he has incurred very little in terms of damages.
At trial, Dr. Vrablik testified concerning the cause and extent of Pugliese's injury. Dr. Vrablik confirmed that Pugliese had first complained of his back injury on May 26, 1994, during an appointment scheduled for ongoing treatment of his pre-existing shoulder problem. Upon examining Pugliese, Dr. Vrablik found symptoms indicating "a back injury with radicular pain going down the leg following a specific nerve pattern." In particular, the doctor noted tenderness in the area of the sciatic notch, restricted range of straight leg raising, and weakness of the great toe extensor. A subsequent EMG test corroborated Dr. Vrablik's initial impression, disclosing irritability of the right L-5 nerve root. X-rays and MRI tests revealed no trauma or other evidence pointing to a different source for the problem. Based on these tests, his examination, and his knowledge of Pugliese's history, Dr. Vrablik diagnosed Pugliese as suffering from an L-5 root irritation on the right side. The doctor further concluded that it was more likely than not that the damage was caused by the trauma of Pugliese's accident.
Perdue offered no medical evidence in response to Dr. Vrablik. Through cross-examination, however, Perdue suggested that Pugliese had exaggerated his problems and that his back injury could be explained by pre-existing causes. But Dr. Vrablik testified that Pugliese's back problems were entirely unrelated to his pre-existing shoulder injury. While Dr. Vrablik acknowledged that Pugliese had previously experienced a T-5 compression fracture, that he suffered from spinal conditions known as spondylolithesis and spondylosis, and that his spine also showed signs of a degenerative process known as disc dessication -- any of which might predispose him to back pain after an accident -- the doctor emphasized that these problems, by themselves, would not account for the back pain, since " n general, people with this condition don't just develop back pain. There's usually some precipitating event." In Pugliese's case, Dr. Vrablik believed that this precipitating event was the accident. Dr. Vrablik further believed that Pugliese's condition had stabilized and was unlikely to improve.
Pugliese testified about his injury, his course of treatment with Dr. Vrablik, and the problems that his back was causing with his work. In connection with Pugliese's testimony concerning his medical treatment, the parties stipulated that Dr. Vrablik's billings amounted to $1,057. The court accordingly instructed the jury that "the parties stipulate and you may then accept that Dr. Vrablik's bills for $1,057." Pugliese also acknowledged that, to date, his back injury had caused him to lose no more than $540 in wages.
In his final argument to the jury, Perdue's counsel challenged Pugliese's credibility, contending that "parts of [the case] are contrived, embellished and just blown out of perspective." Although he reminded the jury that Perdue did not deny negligence, defense counsel emphasized that " bviously, we think that the injuries to Mr. Pugliese are minimal." And while insisting that he did not "blame Mr. Pugliese for embellishing his situation before you," defense counsel nonetheless accused him of "some overstatement."
Defense counsel further argued that Pugliese "is certainly, certainly not disabled" and "is likely [to be] disabled as a result of this injury." After characterizing Pugliese's claim for a large award of future lost wages as "outrageous," Perdue
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