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[U} Villani v. Wegener3/16/2000
In an action for damages sustained in an automobile accident, the jury awarded Thomas Villani less than the amount both parties agreed would be reasonable for special damages alone. Mr. Villani appeals, contending the verdict is contrary to the evidence and must be vacated. We affirm.
In August 1996 Lana Wegener drove her white Toyota through a stop sign in Wenatchee. She later told an officer, 'I went through the stop sign. The sun was in my eyes.' As she proceeded, a Subaru driven by Mr. Villani entered the intersection and struck her broadside. At the moment of collision, Mr. Villani's head went to the left and struck the headliner above the window on the driver's side. Then his head snapped back to the right. Both of the drivers got out and eventually sat on a curb. Although an ambulance arrived on the scene, Mr. Villani refused to go to the emergency room and chose to walk home. He had a throbbing headache, sore neck, and weakness. At home he applied ice and took aspirin.
The next morning, he sought medical treatment at the Wenatchee Valley Walk-In Clinic. Back x-rays were unremarkable. The doctor who examined him found full range of motion for the neck and no serious injury . He diagnosed cervical strain, told Mr. Villani to take it easy, and prescribed an anti-inflammatory and a muscle relaxant. When Mr. Villani said he planned to take a rafting trip soon, the doctor advised against it. Despite the doctor's recommendation, Mr. Villani participated in the river rafting that weekend.
Mr. Villani kept having intermittent sharp, stabbing pains. He saw his regular doctor, Charles Bricker, on August 15, 1996. Mr. Villani told Dr. Bricker that he was 30 percent to 40 percent improved since the accident. Dr. Bricker thought that this was consistent with the first doctor's prognosis of an uneventful healing after the car accident. Although Dr. Bricker found some crepitation (grinding or popping) when Mr. Villani moved his neck, he determined that there was no evidence of a herniated disk pressing on a nerve, and no neurological loss.
On August 27, 1996 Mr. Villani visited Dr. Bricker, complaining of pain he felt after he was recently hugged or grabbed around the neck by a female acquaintance. He told the doctor it felt like his neck was going to break. A physical examination of the neck was again performed, revealing a lessened range of motion. Dr. Bricker diagnosed cervical strain and 'greater occipital neuralgia,' an inflammation around one of the cervical nerves. The anti-inflammatory was switched from Anaprox to large doses of Ibuprofen, and his muscle relaxant was discontinued in favor of a narcotic painkiller to help him sleep. Physical therapy was also initiated at this time.
Mr. Villani again saw Dr. Bricker on September 17, 1996. The diagnosis was continued cervical strain with some improvement. In mid- October, Dr. Bricker diagnosed Mr. Villani with 'cervical strain, continued gradual improvement.' Several months later, Mr. Villani participated in a cross-country skiing event called 'Ridge to River.' During the race he had chest pain. He consulted Dr. Bricker regarding this problem in April 1997. At this time, Dr. Bricker learned Mr. Villani had had a previous back surgery for a herniated disc. Apparently the race had aggravated the old lower back symptoms, including numbness and pain down his left leg to his ankle.
Mr. Villani had a routine complete physical examination by Dr. Bricker on September 16, 1997, 13 months after the auto accident. At that time, Mr. Villani mentioned the neck injury and stated he still had intermittent problems when water-skiing or riding a bike. Dr. Bricker diagnosed 'chronic' intermittent pain
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