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Taylor v. Smith6/24/2003
I.
This accident occurred on January 19, 1999. Mrs. Taylor had stopped her vehicle at a red light. While she was waiting for the light to change, her vehicle was struck in the rear by a vehicle being driven by the defendant Andrea Smith. Ms. Smith's vehicle was owned by the defendant Robyn R. White. Mrs. Taylor claimed injuries to her right knee, back and arm.
From the scene of the accident, Mrs. Taylor drove herself to the emergency room of North Park Hospital where she was seen, treated with a sedative, and released. Over a period of time following the accident, she was seen by several physicians. On January 13, 2000, Dr. Alan Odom performed arthoscopic surgery on her right knee to correct a degenerative condition that he determined was aggravated by the accident.
II.
The plaintiffs filed suit on January 18, 2000. Process against the driver and owner of the uninsured vehicle was returned "not to be found." The Taylors' uninsured motorist carrier, Allstate Insurance Company, defended the Taylors' suit in the name of the defendant Andrea Smith. Allstate admitted liability and the case proceeded to trial on the issue of damages, resulting in the verdicts previously mentioned.
III.
The plaintiffs raise several issues. The Taylors' primary focus is on their claim that the jury's verdicts are not supported by material evidence. Because we find this issue dispositive, we will concentrate our discussion on it.
IV.
Immediately following the accident, Mrs. Taylor began to complain of back and right knee pain. She had earlier complained of pain in her right knee in 1996. At that time, she sought treatment from an orthopaedist, Dr. William Donaldson, who diagnosed arthritis in her right knee and prescribed anti-inflammatory medicine. Mrs. Taylor testified that she took the drug for a short period of time, and that afterwards, her knee did not cause her any significant problems until the accident.
Two days after the accident, Mrs. Taylor consulted her family physician who recommended that she see an orthopaedist for her back and knee pain. For the next several months, she was seen by an orthopaedic surgeon, Dr. Robert Sendele, who treated her conservatively with respect to her back and right knee. She claims that there was no improvement in her condition. Almost one year after the accident, she consulted Dr. Odom, an orthopaedist specializing in knees, for a second opinion. Dr. Odom, who testified at trial by deposition, recommended arthroscopic surgery. Dr. Odom reported that the surgery went according to plan. He testified that he discovered a tear in Mrs. Taylor's medial meniscus and that he removed a portion of it. Dr. Odom opined that the tear was related to a pre-existing degenerative condition in Mrs. Taylor's knee. However, Dr. Odom was also of the opinion that the condition was aggravated by the accident. He expressed the further opinion that the nature of the degenerative condition was such that it was possible that an individual could have such a condition without pain.
Despite some initial improvement in the condition of Mrs. Taylor's knee following the surgery, her pain returned. She has been assigned a 20% permanent physical impairment to her right lower extremity and an 8% whole person impairment as a result of her injuries. Dr. Odom testified that the knee condition for which he treated Mrs. Taylor is permanent in nature and will never improve. Dr. Odom did not treat or offer testimony regarding the condition of Mrs. Taylor's back.
At trial, Mrs. Taylor produced an itemized list of medical expenses that she claimed were causally related to the accident
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