 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hobbs v. Harken6/9/1998
ty, Kansas. The evidence below indicated that the first vehicle, driven by Michael Finnegan, stopped or almost stopped without warning. Despite the suddenness of Mr. Finnegan's stop, both Jose Valdes, who was driving the car immediately behind Mr. Finnegan's vehicle, and plaintiff Ronald Hobbs, whose car was behind that of Mr. Valdes, were able to stop their cars without striking the car in front of them. However, the person driving the car behind Mr. Hobbs, John D. Harken, was unable to stop his car before it struck the rear end of Mr. Hobbs' vehicle. The force of that collision drove Mr. Hobbs' vehicle into the rear end of the Valdes' vehicle. As a result of this collision, Mr. Hobbs sustained several injuries and was unable to work for seven or eight weeks. He sued both Mr. Finnegan, who was driving the first car, and Mr. Harken, who was driving the fourth vehicle.
In support of his claims against these defendants, Mr. Hobbs presented evidence that his injuries resulting from the accident included both soft tissue injuries to his neck and back, and injuries to his inner ear. He testified that, even by the time of trial over two years after the accident, he was suffering from headaches two or three times a week, neck and upper back pain, hearing loss in his left ear, and dizziness and unsteadiness, all of which he attributed to his injuries from the accident.
Mr. Hobbs also presented testimony from two medical experts and from an economic expert to support his claim for damages. Dr. Steven Cicero, who had treated Mr. Hobbs for his back and neck injuries, testified by deposition. He stated that Mr. Hobbs had been released from treatment for his neck and back injuries by July, 1995, because he had reached maximum medical benefit. He also testified that no further treatment was necessary for Mr. Hobbs' neck and back complaints, but that Mr. Hobbs would probably have some continued neck and back discomfort in the future.
Mr. Hobbs also presented the deposition testimony of Dr. Avon Coffman, who treated Mr. Hobbs for his ear injuries. The evidence showed that Mr. Hobbs had a pre-existing hearing loss in his right ear which was not caused by the accident, and had pre-existing tinnitus in both ears. Dr. Coffman testified that the accident increased Mr. Hobbs' tinnitus. He did not testify that this tinnitus was permanent. Dr. Coffman testified that the accident caused Mr. Hobbs additional partial high-frequency hearing loss in the left ear. He said this caused Mr. Hobbs to have difficulty in discriminating certain sounds, and that this injury was permanent. Dr. Coffman prescribed a hearing aid. Mr. Hobbs testified that the hearing aid helped, although background noises would still sometimes interfere with his hearing. Neither Mr. Hobbs nor Dr. Coffman testified that Mr. Hobbs' hearing loss or tinnitus would effect his ability to work.
Finally, Dr. Coffman testified that the accident caused Mr. Hobbs to suffer from a vestibular disorder resulting in vertigo, unsteadiness, or dizziness. Dr. Coffman testified that the symptoms may be corrected by rehabilitation therapy, but explained that this therapy "won't ever remove the condition, it just allows him to become more functional with the condition that he has." Mr. Hobbs testified that he did not participate in this therapy because he could not pay its cost, which was $1,200 to $1,500. Dr Coffman further testified that surgery was also available to correct Mr. Hobbs' vestibular condition, but that he would not recommend surgery as an option until Mr. Hobbs had tried the rehabilitation therapy. When asked whether he had an opinion, to a reasonable medical certainty, as to the permanence of Mr. Hobbs' vestibular disorder, Dr. Coffma
Page 1 2 3 4 5 6 7 8 9 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|