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Bain v. Simpson3/7/2002
This appeal involves a trial court's granting of a motion for remittitur following a jury's verdict of $19,790.00 in favor of the plaintiff. The suit arose from an automobile accident caused by defendant in which plaintiff's back was injured. The evidence at trial indicated that the injury was an aggravation of a pre-existing condition that caused the plaintiff additional pain and suffering for a period of approximately six months. Based on our review of the evidence, we reverse the trial court's reduction of damages and reinstate the jury's verdict.
Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Circuit Court Reversed
Alan E. Highers, J., delivered the opinion of the court, in which W. Frank Crawford, P.J., W.S., and Holly Kirby Lillard, J., joined.
OPINION
Facts and Procedural History
Mary J. Bain (Ms. Bain) sustained injuries to her back in an automobile accident on December 16, 1997 while a passenger in her mother's vehicle. On December 15, 1998, Ms. Bain filed suit against several defendants including Terrance Simpson (Mr. Simpson), the driver of the other vehicle involved in the accident. On the eve of trial, Mr. Simpson admitted fault for the accident. Following this admission, Ms. Bain offered to settle the case for $6,000.00. Her settlement offer, however, was rejected and the matter proceeded to trial.
At trial, the parties stipulated to Mr. Simpson's fault. Accordingly, the empaneled jury was asked to decide only the amount of damages suffered by Ms. Bain. Evidence offered to the jury regarding damages reflected both a previous back injury suffered by Ms. Bain as well as damage to her back from the automobile accident.
To support her claim, Ms. Bain offered the testimony of Dr. William Louis Bacon ("Dr. Bacon"). Dr. Bacon testified that Ms. Bain first injured her back on December 31, 1996 in a fall on a set of steps. As a result of her fall, Ms. Bain suffered from a lateral disc herniation that required surgery to repair. Back surgery was performed on Ms. Bain to repair the herniated disc on November 4, 1997. Dr. Bacon testified that during subsequent post-operative visits to his office prior to the auto accident, Ms. Bain indicated that the pain in her back and legs had subsided. Based on these subsequent visits, Dr. Bacon considered the surgery a success.
Following the accident, on December 18,1997, Ms. Bain again visited Dr. Bacon. Dr. Bacon testified that during this visit, Ms. Bain was experiencing increased pain in her back and left hip, paresthesias in her left leg, and muscle spasms because of the accident. Dr. Bacon further indicated that Ms. Bain's increased pain continued for several months after her initial visit. Eventually, on March 13, 1998, Ms. Bain reluctantly underwent an epidural steroid injection in her lower back to help ease the pain and swelling.
On June 12, 1998, almost six months after the automobile accident, Ms. Bain concluded her treatments with Dr. Bacon. Dr. Bacon indicated at the final visit that Ms. Bain's condition had finally improved to the point it was prior to the automobile accident. Dr. Bacon's conclusion was that Ms. Bain's pre-existing condition had been aggravated by the accident, but that no permanent injury had resulted. Ms. Bain offered proof that the medical expenses related to the accident totaled $3,044.19.
Mr. Simpson offered evidence to the jury that Ms. Bain took only one day off of work because of the accident. Further, Ms. Bain was able to continue to work overtime during the Christmas travel season as an employee of Republic Parking at the Nashville airport. Evidence was also offered showing that the restri
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