 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cottrell v. Burlington Northern11/2/1993
surgery was to remove that part of the intervertebral disc which had ruptured as a result of his injury. The second surgical procedure was to treat other complications in the same area which resulted from the injury and the first surgery.
The evidence indicated that by July 1982, Cottrell was released by his treating physician to return to work for defendant without restrictions. He did so, and returned to all of his normal duties. However, in late 1988 or early 1989, he began to operate the speed swing, which had a cracked and broken seat incapable of absorbing shock. He was required to operate the speed swing across tracks and over rough ground. Over the several weeks that he operated that machine, he developed back soreness which gradually worsened. Then, in April 1989, he started working on the electromatic. He operated that machine until the date of his injury . On May 15, 1989, while lifting buggies onto the electromatic, as was required by his job , he felt a "bee sting" like pain down his right leg and experienced back pain. He was unable to continue working. He parked the electromatic, went home, and as of the date of trial, had never been able to return to work due to his back injury.
Cottrell's injury occurred on a Friday. The following Monday, he went to see his family physician, who referred him back to Ronald D. Vincent, M.D., the neurosurgeon from Spokane, Washington, who had performed the second operation on his back in 1981 or 1982. Dr. Vincent diagnosed a reherniation of the intervertebral disc in the same area that Cottrell's previous injury had occurred, and performed two more surgical procedures to treat that injury.
After the second surgical procedure, Dr. Vincent referred Cottrell to William J. Tacke, M.D., a specialist in physical medicine in Great Falls, for further rehabilitation. Cottrell was under Dr. Tacke's care at the time of trial. Both Dr. Vincent and Dr. Tacke testified by deposition at the trial.
Prior to trial, defendant provided copies of Cottrell's medical records and diagnostic studies to Neil Meyer, M.D., a neurosurgeon in Billings, for evaluation. Defendant then scheduled Dr. Meyer's deposition, and during that deposition, asked him to express a number of opinions about Cottrell's condition, based on his review of those records. He was asked whether Cottrell should be able to return to work, and what percentage of Cottrell's current disability and symptoms resulted from his earlier injury , as opposed to the injury which was the subject of this complaint.
Trial in this case commenced on May 26, 1992. Prior to trial, on May 15, Cottrell moved in limine to exclude that part of Dr. Meyer's testimony in which he expressed the opinion that 90 percent of Cottrell's current problems resulted from his original injury , and only ten percent were attributable to the incidents which were the subject of his complaint. Cottrell's objection was that there was insufficient foundation for Dr. Meyer's testimony and that his opinion was sheer speculation and conjecture. That motion was granted.
Shortly before trial, but after the deadline for identifying expert witnesses, defendant identified Judy Freeman as a witness that it intended to call at trial, and identified a letter written by her to Cottrell's attorney as an exhibit that it would offer. Judy Freeman is a registered nurse at Deaconess Hospital in Great Falls, and administers the pain rehabilitation center. The apparent purpose of her testimony was to state that she concurred in Dr. Tacke's recommendation that Cottrell enroll in the hospital's pain rehabilitation center and that he had not responded to that recommendation. Cottrell moved to exclud
Page 1 2 3 4 5 6 7 8 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|