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Nelson v. Taylor9/17/2001
Appeal From Greenville County Larry R. Patterson, Circuit Court Judge
Heard May 8, 2001
REVERSED AND REMANDED
Pamela Nelson and her husband, Doug Nelson, brought this negligence action against John William Taylor for personal injuries resulting from an automobile collision. At trial, Taylor admitted liability and the jury awarded $5,000 in actual damages to Pamela Nelson (Nelson) and $0 in actual damages to her husband. On appeal, Nelson challenges the admission of the physical therapist's testimony concerning causation, and the trial judge's denial of her motions for a new trial nisi additur, or in the alternative, a new trial. We reverse and remand.
FACTS
On November 8, 1995, Pamela Nelson was stopped at a red light when a vehicle driven by John William Taylor collided with the rear-end of Nelson's vehicle. Nelson's vehicle was damaged and she complained of pain in her back, neck, head, and shoulder. Nelson was subsequently treated by her family physician, an orthopedic surgeon, a neurosurgeon, a shoulder specialist, a chiropractor, and a physical therapist.
As a result of her treatment, distinct and contradicting theories emerged regarding the cause of Nelson's injuries. Dr. Posta, a shoulder specialist, determined to a reasonable degree of medical certainty that Nelson's injuries were caused by the accident. In contrast, Nelson's physical therapist, Roger Bachour, concluded that Nelson's injuries stemmed from her use of the mouse at her computer workstation, resulting in rotator cuff tendinitis. Dr. Posta, however, conclusively ruled out rotator cuff tendinitis after reviewing the results of Nelson's MRI. On the other hand, Dr. Reid, an orthopedic surgeon, stated in his deposition that he did not find any evidence of shoulder impingement. He further found there was no objective evidence of a neurological problem.
Nelson's total medical expenses exceeded $9,900.00. Furthermore, her projected future medical expenses to alleviate the pain and impairment from her injuries totaled $3,500.00 in surgical fees and $5,800.00 in hospital fees. Nelson also sought recovery for pain and suffering, lost wages, and actual damages. Notwithstanding, the jury only awarded Nelson $5,000.00 in actual damages. Nelson moved for a new trial nisi additur, and alternatively, for a new trial. The trial judge denied both motions. Nelson appeals.
DISCUSSION
I.
Nelson argues the trial judge abused his discretion in admitting deposition testimony from the physical therapist concerning the medical cause of her injuries.
During his deposition, Bachour was qualified as an expert in the field of physical therapy. Over the objection of Nelson's counsel, Bachour opined, "[Nelson] appeared to have a rotator cuff tendinitis in the right shoulder due to the way she had her mouse set up at work and the way she was using that every day ---the way, ergonomically, her work station was set up." Bachour testified this assessment was based on what Nelson had told him and his clinical examination.
On cross-examination, Bachour admitted he was not a medical doctor, he does not make medical diagnoses, and he only has training in physical therapy. He acknowledged that his assessment should not be used to establish medical treatment. He further stated he had not examined any of the diagnostic tests that had been performed on Nelson or the records of Nelson's treating physicians.
Prior to the introduction of Bachour's deposition testimony at trial, Nelson's counsel objected to Bachour's opinion concerning causation. He characterized Bachour's diagnosis of Nelson's injuries as unre
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