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Murray v. Doney2/1/2002
DECISION AND JUDGMENT ENTRY
This is an accelerated appeal from a judgment of the Toledo Municipal Court, Small Claims Division, finding in favor of defendant-appellee, Kristen E. Doney. Plaintiff-appellant, Mary Murray, asserts the following assignment of error:
"THE TRIAL COURT ERRED IN HOLDING THAT PLAINTIFF NEEDED MEDICAL EXPERT TESTIMONY TO PROVE CAUSATION BETWEEN THE INJURIES SUFFERED BY PLAINTIFF AND THE TORTIOUS CONDUCT."
On August 18, 2000, Murray was operating a motor vehicle eastbound on Monroe Street in Toledo, Ohio. At the same time, Doney was driving her automobile out of a department store parking lot. The front of the Doney vehicle struck the rear passenger door of the Murray automobile. The police report indicates that damage to Murray's vehicle was "light." Both the Murray and Doney vehicles were operable after the collision.
As a result of the accident, Murray filed a complaint in the Toledo Municipal Court, Small Claims Division, alleging that Doney's negligence in the operation of her motor vehicle proximately caused Murray's physical injury, pain and suffering. She requested $3,000 damages as compensation for the physical injuries and for lost wages.
At a hearing before a magistrate, Murray testified that, despite the fact that she was wearing her seat belt, she "jerked real quick and went over to the side" when the Doney vehicle impacted with her car. Although she indicated that she was not injured at the time of the accident, Murray claimed that she later experienced "headaches and cervical and shoulder and lower back pain." The neck, back and shoulder pain was described as "intermittent." She maintained that the pain bothered her while she was at work.
With regard to the headaches, Murray stated that she had "sinus" headaches before the accident, but that, after the accident, the headache did subside when she took Tylenol. Murray stated that, approximately six days after the collision, she sought treatment at Southwyck Chiropractic Center. Murray was treated by a chiropractor, Dr. Cullum, until May 5, 2000. The treatments consisted of massage, manipulation and "hot packs." According to Murray, she felt a "little better" after the treatment.
On cross-examination, Murray admitted that she was on medical leave both before and after the accident; therefore, the neck, shoulder and back pain could not bother her at work. Furthermore, she acknowledged the fact that she was involved in a motor vehicle accident in May 1995 in which she suffered neck and back injuries. Murray also conceded that as a result of a motor vehicle accident that occurred in October 1998 she suffered injuries to her neck and shoulder. Finally, the chiropractor's report states that Murray suffered a back injury when she fell at work in 1989. On re-direct examination, Murray testified that on April 18, 2000 she was not being treated for injuries received as the result of the prior accidents. At the trial of this matter, Murray offered bills totaling $1,115 for chiropractic treatment. She did not, however, offer any evidence of wages lost or "lost time" due to the accident.
In his decision, the magistrate found that Doney caused the collision; nevertheless, he also concluded:
"Because no medical testimony was adduced at trial, the Plaintiff fails to meet her burden of proving a causal connection between the accident and the injuries complained of. Further, Plaintiff failed to prove that the accident was the cause of her lost time."
Murray filed objections to the magistrate's report, asserting that if questions of cause and effect are matters of common knowledge, a medical opinion is not requir
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