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Lai v. St. Peter3/21/1994
00 turbo sedan and was wearing her seat belt when the accident occurred. St. Peter was driving a Buick Regal and testified that when the accident occurred, she was traveling at a speed of two or three miles per hour. The collision caused minimal damage to both automobiles. In fact, Plaintiffs traded in their car without making any repairs. Tr. 9/24/90 at 177. In addition, Rose told Dr. Henrickson that the car was "hit a little bit." Tr. 9/27/90 at 85.
Furthermore, at the time of the accident, Rose declined medical attention. Tr. 9/25/90 at 132. Rose testified that although her back felt tired after the accident, Tr. 9/24/90 at 143-47, she did not feel any pain until the end of January 1987. Tr. 9/25/90 at 141. Rose also admitted that she had occasionally experienced a tired back even before the accident. Tr. 9/25/90 at 137-38.
It was not until February 25, 1987 that Rose first sought medical attention from Dr. Lau. Although Rose testified that she told Dr. Lau that she had been in a car accident, Tr. 9/24/90 at 150, Dr. Lau's medical records show no indication of such information. Tr. 9/27/90 at 115. Dr. Lau diagnosed Rose as having a tight hamstring and prescribed an anti-inflammatory drug. Tr. 9/25/90 at 138-39.
Approximately seven months after the accident, Dr. Nakano performed both physical and neurological tests on Rose, including an EMG, which failed to reveal any abnormalities. Tr. 9/26/90 at 137-38. It was not until sixteen months after the accident, when Dr. Wu performed a second EMG on Rose, that an abnormality or irritation of the L5 nerve root was revealed. Tr. 9/25/90 at 37; Tr. 9/26/90 at 20. However, both Drs. Nakano and Henrickson testified that the pain described by Rose was not consistent with the L5 abnormality found by Dr. Wu. Tr. 9/26/90 at 147; Tr. 9/27/90 at 80-82.
After conducting an I.M.E. and reviewing Rose's prior medical records, Dr. Henrickson testified that it was his medical opinion that Rose's injuries stemmed from prolonged sitting. Tr. 9/27/90 at 78, 83. Furthermore, Dr. Henrickson testified that a normal EMG in June of 1987, approximately seven months after the collision, and an abnormal EMG in March 1988, sixteen months after the accident, would indicate that nothing was wrong with Rose's nerve in 1987, and that something had irritated the nerve by the time the 1988 EMG was taken. Tr. 9/27/90 at 82.
In light of the minor nature of the accident and the foregoing testimony, the jurors could have concluded that Rose's injuries were not caused by the November 26, 1986 accident. The record clearly provides substantial evidence to support the jury's verdict. Therefore, the trial court did not abuse its discretion in denying Plaintiffs' motion for new trial.
Affirmed.
James S. Burns
Walter M. Heen
Corinne K.A. Watanabe
Page 1 2 3 4 5 6 7 8 9 Hawaii Personal Injury Attorneys
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