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Brooks v. Friedman6/13/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Defendant-Appellant Charles Brooks ("Brooks") appeals from a jury verdict against him and in favor of Plaintiff-Appellee Gregory Friedman ("Friedman") in a personal injury action.
We reverse and remand.
ISSUES
We find one issue to be dispositive of this appeal; however, we address Brooks' additional issues because of the likelihood that they will arise again in the event of a retrial of the action.
I. Whether the trial court committed reversible error by refusing to instruct the jury on the doctrine of sudden emergency.
II. Whether the trial court erred by admitting medical records and reports that contained opinions and diagnoses without satisfying Ind. Evidence Rule 702.
III. Whether the trial court erred by allowing Brooks to testify about the extent of his injuries, medical treatment, and costs of medical treatment.
FACTS AND PROCEDURAL HISTORY
On Friday, February 27, 1998, at approximately 3:15 p.m., an automobile driven by Brooks rear-ended a vehicle driven by Friedman. The collision occurred on I-70 East just beyond its north split with I-65 North in Indianapolis. At the time of the collision, Friedman was driving back to his office at a computer game company after servicing games at the Indianapolis Airport. Brooks was an electrician at the Indianapolis Airport who had left from work to go to his home on the eastside of Indianapolis.
Friedman filed a complaint for damages against Brooks on March 31, 1999. In his complaint, Friedman alleged that Brooks was negligent in the operation of his vehicle and that Brooks' negligence was the proximate cause of Friedman's damages. Friedman's wife also alleged a loss of consortium.
The jury trial began on February 6, 2001, and concluded the next day. The jury returned a verdict in favor of the Friedmans in the amount of $11,000.00 for Friedman and no award on Mrs. Friedman's loss of consortium claim. The jury found Brooks to be 100% at fault.
Brooks filed a Motion to Correct Errors on March 9, 2001, alleging that the trial court erred by refusing to give Brooks' sudden emergency instruction, by admitting medical records and reports for Friedman, and by allowing testimony pertaining to Brooks' medical treatment and injuries. The trial court denied the motion on April 24, 2001. This appeal ensued.
Additional facts will be provided where necessary.
DISCUSSION AND DECISION
I. SUDDEN EMERGENCY INSTRUCTION
Brooks claims that the trial court committed reversible error by failing to give his tendered instruction on sudden emergency. Upon review from a trial court's refusal to give a tendered instruction to the jury, we look for an abuse of the trial court's discretion. See Barnard v. Hines, 719 N.E.2d 862, 868 (Ind. Ct. App. 1999). In reviewing this issue, we apply a three-part inquiry: 1) whether the tendered instruction is a correct statement of the law; 2) whether there is evidence in the record to support the instruction; and 3) whether the substance of the instruction is covered by other instructions given by the court. Id. Friedman concedes that no other instruction covered the substance of the sudden emergency doctrine. Appellant's Br. at 5. After examination of the instructions that were given, we agree. Further, Friedman concedes that, although the tendered instruction did not follow Indiana Pattern Instruction No. 6.19 verbatim, the tendered instruction was "basically a correct statement of the law." Id. We agree. Therefore, the central issue in this
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