 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Greenwood v. Mitchell8/16/2000
Appeal from the Iowa District Court for Polk County, Robert D. Wilson, Judge.
Plaintiff appeals following a trial on his personal injury action in which the jury found he was sixty percent at fault.
AFFIRMED.
On December 12, 1995 plaintiff-appellant was walking on the sidewalk along Easton Boulevard in Des Moines, Iowa. He was struck by a vehicle operated by defendant-appellee. He attempted to get out of the way by diving into an adjacent yard. Appellant was treated by his family physician for the injuries to his right shoulder and leg. After conservative treatment did not alleviate the problems with his right shoulder he was referred to an orthopedic surgeon. Appellant continued to have problems with overhead lifting due to his shoulder injury . The orthopedic surgeon diagnosed appellant as suffering from an impingement syndrome in his right shoulder.
The orthopedic surgeon performed an arthroscopy decompression surgery on appellant's right shoulder at Iowa Lutheran Hospital. After the surgery appellant underwent physical therapy with a physical therapist under the direction of the orthopedic surgeon.
On or about June 19, 1996 appellant completed his physical therapy sessions with the therapist. He was advised to keep it up to the extent he needed it and as required.
The orthopedic surgeon released appellant to go back to work with no restrictions. The orthopedic surgeon believed any work restrictions on appellant would have negative impact on his employment with the Iowa National Guard.
Appellant's job at the Iowa Army National Guard requires him to lift various electronic equipment such as radio receiver transmitters weighing approximately sixty pounds.
Appellant did not follow his physical therapy exercises as directed, even though he was advised the exercises would help him with any future symptoms he may encounter.
After appellant's recovery from his impingent syndrome he incurred other injuries to his right shoulder. In September of 1996, appellant injured his right shoulder while firing an M-16 rifle. On April 11, 1997, he ran his right shoulder into a mortar truck.
On June 17, 1997 appellant returned to the orthopedic surgeon because he had been experiencing weakness in his right shoulder and arm, also at times they felt numb. Appellant underwent EMG and nerve conduction tests. These tests were negative. There was no evidence of neurological involvement with respect to his right upper extremities. The orthopedic surgeon allowed appellant to return to work with no restrictions.
Dr. Peter Wirtz, an orthopedist, examined Greenwood and testified for Mitchell at trial. Dr. Wirtz found appellant to have normal strength in his shoulder. Appellant had no neurological problems. Greenwood's range of motion in his shoulder was slightly diminished. Dr. Wirtz allocated 4% impairment to appellant's right upper extremity and 2% to his whole person. Dr. Wirtz also testified this impairment is not disabling for daily activities and work. Dr. Wirtz also stated Greenwood would not require any future medical therapy or surgery.
On cross examination at trial appellant testified he discontinued home therapy because he felt it was not doing him any good. At trial appellee requested an instruction regarding appellant's failure to mitigate damages, and he was at fault for failing to do so. Appellee claimed appellant's discontinuation of home therapy was evidence of damages and is assessable as fault against him.
The jury found appellant was sixty percent at fault for his injuries and appellee forty percent at fault.
On appeal, appellant
Page 1 2 3 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|