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Bowman v. Parry11/3/2003
Donald Bowman brought a negligence action against Blake Parry alleging injuries from a chain-reaction collision. Parry admitted he negligently rear-ended the vehicle in front of him, but denied that that vehicle then struck Bowman's vehicle. Prior to trial, the court entered an order reflecting Parry's agreement that Bowman's medical charges were reasonable. Thus, the only issue before the jury was whether the medical expenses were incurred for injuries caused by the accident, and were necessary. A jury found for the defense.
Bowman's central argument on appeal is that the trial court erred in admitting his previous medical records that revealed a prior degenerative back injury. Because Bowman failed to raise specific objections to the admissibility of the records, he failed to properly preserve the issue for appeal.
I.
Donald Bowman was stopped at an intersection preparing to turn left. A Honda was stopped behind him. Parry rear-ended the Honda and allegedly caused the Honda to rear-end Bowman's vehicle. All three vehicles then pulled into a nearby parking lot. Parry and the driver of the Honda, Kevin Hayward, were fellow students at a nearby school. They agreed to exchange information at school, and Parry left. Hayward noticed Bowman's vehicle in the lot, and walked over to inquire if he was okay. Bowman told Hayward that he was also involved in the accident. Hayward gave Bowman his telephone number and left the parking lot.
Bowman sued Parry for injuries he claimed to have suffered as a result of the accident. Parry agreed that Bowman's medical charges were reasonable, but denied that the medical expenses were necessarily incurred for injuries caused by the accident.
Bowman acknowledged that prior to the accident he had sustained a low back injury which required surgery. Bowman claimed that after the surgery he had virtually no physical restrictions or complaints. Prior to trial, Bowman objected to exhibits 23 through 30 of defendant's ER 904 notice, his medical records from the prior back injury on the basis of hearsay, relevance, and ER 403. The trial court overruled the plaintiff's objections and admitted all of the exhibits.
At trial, Bowman testified that after the accident he went to the emergency room and was given a cervical collar and medication for his injuries. Bowman went to see his primary physician, Dr. Miller, a few days after the accident. Dr. Miller advised Bowman to wear the cervical collar, and not to work. Bowman noticed a change in his hearing ability after the accident. He heard a ringing in his right ear. Bowman's wife and son testified that they noticed an extraordinary change in Bowman's ability to function since the accident. He could no longer participate in activities that he enjoyed before the accident. A friend of Bowman's saw him after the accident and testified that he was walking differently, and that he appeared to be in a lot of pain.
In December of 1997, Bowman began to experience depressive episodes followed by panic attacks in the spring of 1998. In the fall of 1998, Dr. Proano, a psychiatrist, diagnosed Bowman with major depression and panic disorder with agoraphobia. Dr. Proano attributed these psychological problems to the accident in 1997. Bowman was also seen by Dr. Caplan in the spring of 1998 about his continued hearing problems. Dr. Caplan attributed these hearing problems to the accident in 1997.
Milo Dullum, a damage appraiser, examined both the Honda and Bowman's vehicle within two months of the collision. He testified that he found little to no damage to Bowman's vehicle, while the Honda was a 'rolling total.' Dullum found the damage at the rear of
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