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Roberts v. Davis8/7/2001
f Dr. Leon Ensalada indicated Ms. Robert's reasonable and necessary medical expenses totaled $31,903.85. Similarly, Dr. Richard Lisella, Food Lion's expert, confirmed that $31,903.85 in medical expenses was reasonable and necessary.
The injuries resulting from the accident involved soreness in her neck and headaches. The record indicates Ms. Robert's injuries subsided substantially a "couple of months" after the accident. Her subsequent injury in September of 1997 complicates this determination. Ms. Roberts has received extensive medical treatment and further expenses for several years following the May 17, 1995 accident. In lieu of the September 1997 accident, we are unable to determine whether all of the medical expenses were reasonable and necessary. Food Lion argued that only $8,000 in medical expenses was reasonable and necessary due to her second accident occurring in September of 1997. With the number of questions surrounding the reasonableness of the medical expenses, we are not convinced that the judgment of $25,000 is so grossly inadequate as to shock the conscience of this court. The trial court was given the opportunity to weigh the credibility of the witnesses and the evidence and made a sound determination in the eyes of this court. Accordingly, the trial court did not err in its award of $25,000 to Ms. Roberts.
V.
The last issue before the court is whether the trial court should have awarded future medical expenses to Ms. Roberts. Ms. Roberts did not begin to take Celebrex, a prescribed medication, until after the September 1997 accident. Obviously, this is not attributable to the May 17, 1995 accident and cannot be allocated as future medical expenses. An award of future medical expenses would be considered a windfall for Ms. Roberts, therefore, the trial court was correct in failing to award future medical expenses.
VI.
Accordingly, the judgment of the trial court is affirmed. Costs on appeal are taxed to the appellant, Janice F. Roberts.
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