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Stroh v. Beane2/6/2002
Appeal from the Iowa District Court for Fayette County, James L. Beeghly, Judge.
The plaintiff appeals the denial of his motion for new trial after the jury failed to award damages in his personal injury action.
The plaintiff appeals the denial of his motion for new trial after a jury failed to award damages in his personal injury action. We reverse and remand for a new trial.
I. Factual Background and Proceedings.
On June 26, 1996, John Beane rear-ended another vehicle with his truck at the intersection of Highway 18 and Ironwood Road, Fayette County, Iowa. Bernard Stroh was a passenger in the vehicle hit by Beane. The impact caused substantial damage to the rear of the vehicle in which Stroh was riding. In addition, Stroh's passenger seat broke, his hands impacted the windshield frame, and his knees were thrown against the dashboard.
The following day Stroh sought treatment for injuries at a hospital emergency room where he informed medical professionals of pain in his neck, upper back, and right upper extremity. The examining physician noted visible edema on his right hand, significant pain and tenderness throughout his hand, arm, and shoulder, as well as diminished mobility. X-rays of Stroh's neck, upper back, and right hand were taken. Medical records received in evidence establish that Stroh was sent home with instructions to rest, take analgesics as needed, and apply ice to painful muscles. From July 2 through July 8, 1996, Stroh underwent a course of physical therapy which focused on pain in his neck, upper back, and right hand. Medical bills in evidence establish the cost of the emergency room services and physical therapy was $1009.70.
Soon after the 1996 wreck, Stroh's pre-existing heart condition deteriorated and within a month he was in the Mayo Clinic on transplant watch status. While there, he noticed pain first in his right knee, and later also in his left knee. On December 17, 1997, he underwent heart transplant surgery. Stroh claimed he experienced low back and leg pain which impeded his recuperation from the transplant procedure during his hospitalization at Mayo. He also claimed to have received multiple injections for the symptoms at Mayo, but produced no records or bills specifically confirming such treatment.
Stroh filed suit against Beane on June 16, 1998, seeking recovery for injuries sustained in the wreck. Although Beane admitted his negligence caused the crash, he denied his negligence caused the injuries and damages claimed by Stroh. Stroh presented expert medical testimony of Dr. Delbridge, an orthopedic surgeon. The doctor testified that he first examined Stroh on July 10, 1998 for low back pain, and conducted a second examination on October 21, 1999 when Stroh sought treatment for left knee pain. Dr. Delbridge testified the June 26, 1996 wreck caused (1) a back injury which would produce future pain and require future medical treatment; and (2) aggravation of a degenerative condition in Stroh's left knee accelerating the need for arthroscopic surgery and possible future prosthetic replacement.
Beane called no expert witnesses at trial. In furtherance of his contention that Stroh's claimed injuries were not causally related to the 1996 wreck, Beane elicited evidence tending to prove Stroh (1) had polio in his early childhood; (2) injured his left shoulder and upper back in a motor vehicle accident in 1986; (3) had pre-existing degenerative arthritis in his thoracic spine; (4) was on a waiting list for a heart transplant before the June 1996 wreck; (5) made no complaint of knee problems to medical providers until 1998; and (6) suffered knee abrasions when he tripped and fell on
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