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Walsh v. Chan9/20/1995
OPINION OF THE COURT BY KIRIMITSU, J.
Plaintiff-Appellant Timothy J. Walsh (Walsh) appeals in this automobile negligence case from the September 9, 1993 (1) Order Granting Defendant Serena Chan's Motion for Entry of Judgment in Favor of Defendant Serena Chan and Against Plaintiff (Judgment Order); (2) Order Denying Plaintiff Timothy Walsh's Motion for New Trial (No New Trial Order); (3) Order Granting Defendant Serena Chan's Motion to Set Aside Taxation of Costs (Non-Taxation Order); and (4) the judgment (September 9, 1993 Judgment) in favor of Serena Chan. We vacate and remand for further trial on the issue of damages.
FACTS
Walsh brought this automobile negligence case against Defendant-Appellee Serena Chan (Chan) for injuries arising out of a November 13, 1990 collision. Walsh was riding in a car driven by Terry Pynchon (Pynchon). While waiting to make a right turn at an intersection in Kapahulu, Pynchon's car was rear-ended by another car driven by Chan. Prior to trial, Chan admitted liability, and the sole issue for the jury was on the question of damages.
The jury found that Walsh was injured as a result of the accident and awarded him $6,100 for medical expenses and $2,500 for lost wages, for a total of $8,600 in special damages, but awarded him $-0- for general damages. On June 16, 1993, Chan moved for entry of judgment in her favor. Chan had not moved for a directed verdict on the question of the medical tort threshold prior to or during the course of the trial.
The evidence presented at trial indicated that Walsh sustained a sprain in his neck and lower back and sustained a herniated disc at the L4 through L5 level. Dr. Lawrence G. Rotkin (Dr. Rotkin), one of Walsh's treating physicians, testified that these injuries were caused by the November 13, 1990 automobile accident. Dr. John Smith (Dr. Smith), an expert in the field of orthopedic medicine, also testified that Walsh sustained a herniated disc at the L4 through L5 level as a result of the accident. Dr. Smith testified that he had injected cortisone shots into Walsh's spinal cord on at least three visits and into his back muscles on at least another four visits, and that these cortisone injections were painful. Local anesthetic was used. Dr. Smith further performed surgery on Walsh's back in order to correct his significant back pain and left leg pain. Dr. Smith further testified that his charges for treatment, including the cortisone injections and surgery, together with the Queen's Medical Center's bill, were reasonable and necessary as a result of the injuries from the subject automobile accident. Walsh introduced into evidence medical bills which were paid or accrued in excess of $30,000.
On June 16, 1993, Chan filed her Motion for Entry of Judgment in Favor of Defendant Serena Chan and Against Plaintiff based on the claim that, according to the Special Verdict rendered by the jury, Walsh had not met the threshold requirements of Hawai'i Revised Statutes (HRS) ยง 431: 10C-306 (Special Pamphlet 1987). On June 23, 1993, Walsh filed a "Taxation of Costs."
On June 28, 1993, Chan filed her Motion to Set Aside Taxation of Costs.
On August 3, 1993, Walsh filed his Motion for New Trial.
On September 9, 1993, the trial court entered the Judgment Order, No New Trial Order, and Non-Taxation Order in favor of Chan. Accordingly, the trial court entered the September 9, 1993 Judgment in favor of Chan.
Discussion
I. JUDGMENT ORDER
Walsh claims that the trial court committed reversible error in entering its Judgment Order in favor of Chan after the jury returned a verdict in favor of Walsh. We agre
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