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Kadmiri v. Claassen8/15/2000
Darlene L. Claassen struck the car in front of her causing that vehicle to rear-end James N. Kadmiri's car. Ms. Claassen disputed Mr. Kadmiri's damages, but stipulated to liability. At trial, three physicians who examined Mr. Kadmiri testified that his alleged injuries were not causally related to the collision. Mr. Kadmiri presented medical bills in the amount of $8,503.42. The jury awarded him $2,500. The trial court denied his motion for a new trial. He appeals. Based on the evidence, the jury was free to conclude that not all of Mr. Kadmiri's medical expenses were reasonable or necessary. Therefore, we affirm the order of the superior court denying his motion for a new trial.
FACTS
Darlene Claassen rear-ended the car in front of her causing that vehicle to rear-end James N. Kadmiri's car in July 1993. Ms. Claassen admitted fault, but disputed Mr. Kadmiri's damages. Specifically, Ms. Claassen contested the necessity of the medical treatment, as well as whether the injuries were causally related to the collision.
At trial, photographs of the vehicles showed slight damage to the respective cars. Ms. Claassen testified that at the scene, Mr. Kadmiri got out of his vehicle soon after the impact, was walking around and seemed normal.
Mr. Kadmiri first visited Dr. James Gaddy six days after the collision on August 3, 1993. An x-ray of his back indicated no fractures, but indicated a mild narrowing of the disc space, which was consistent with his age of 41. Mr. Kadmiri was not placed on any work restrictions, and he continued to work. However, a few weeks later, he told Dr. Gaddy that he was unable to work at his job at U.S. West due to low back pain.
Mr. Kadmiri was suspended and eventually terminated from work for wiretapping his ex-wife's phone and stealing company equipment. However, Mr. Kadmiri did not inform Dr. Gaddy that he was unemployed for reasons unrelated to his injuries. In fact, the evidence revealed that Mr. Kadmiri called Dr. Gaddy shortly after he was fired and asked the doctor to write a disability letter to Safeco Insurance Company stating that he could not work at his usual job because of his injuries. He sought 'work time loss' compensation. Dr. Gaddy complied and wrote the letter.
Prior to trial, the court granted Mr. Kadmiri's request that the jury not be told of the reason Mr. Kadmiri had been terminated. However, on the stand Mr. Kadmiri testified he was terminated because his employer was downsizing. Previously, at his deposition, Mr. Kadmiri had testified that he was terminated because of his injuries. After a hearing outside the presence of the jury, the court ruled Mr. Kadmiri could correct his testimony, or he could be cross-examined about the real reasons for his termination. The following day, Mr. Kadmiri told the jury that he was terminated for reasons unrelated to downsizing.
Mr. Kadmiri also testified that prior to the collision his normal weight was approximately 170 pounds, but it had increased after he was injured to 198 pounds. He blamed his weight gain on his inactivity due to his injuries. However, the jury learned that six days after the collision, Dr. Gaddy's records revealed Mr. Kadmiri's weight was 218 pounds. To support his claim for special damages, Mr. Kadmiri offered a five-page summary listing his medical expenses totaling $8,503.42. The parties stipulated that the charges were accurate for the services rendered.
Three doctors testified via videotape: Dr. Barbara Jessen, neurologist; Dr. Stephen Sears, orthopedic surgeon; and Dr. Scott Linder, orthopedic surgeon. All examined Mr. Kadmiri at the request of U.S. West. Dr. Linder examined Mr. Kadmiri in Apri
Page 1 2 3 Washington Personal Injury Attorneys
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