Reed v. Scott11/5/1991
on of the effects of the injury. See East Texas Motor Frt. Lines v. Freeman, 289 Ark. 539, 713 S.W.2d 456, 460 (1986), (approximately three and one-half years); Royston v. Factor, 1 Conn. App. 576, 474 A.2d 108, 109 (1984), (two years); CeBuzz, Inc. v. Sniderman, 171 Colo. 246, 466 P.2d 457, 461 (1970), (three and one-half years); American Marietta Co., Inc. v. Griffin, 203 A.2d 710, 712 (D.C.App. 1964), (almost three years); Sours v. Goodrich, 674 P.2d 995, 996 (Colo. App. 1983), (over three years). In our case the injury occurred on June 12, 1988 and the judgment was rendered on November 3, 1988. Five months is an insufficient amount of time for an injured person without medical training to offer a competent opinion on the likelihood of future pain, the need for future medical treatment, or the permanence of the injury of the type in this case. We hold that whether plaintiff's injuries will result, with a reasonable certainty, in future pain and suffering, permanent injury, and future medical expenses, is not within the competency of the plaintiff to so testify.
The trial court awarded the plaintiff $50,000 for permanent injury and pain and suffering, past and future. Her testimony was competent to support an award for past pain and suffering. How much of the $50,000 is attributable to future pain and suffering and permanent injury, however, cannot be determined from the record. Thus, the award for past pain and suffering is not severable from the award for future pain and suffering and permanent injury. See Guinn v. Church of Christ of Collinsville, 775 P.2d 766 (Okl. 1989). The $50,000.00 part of the judgment, together with the $1,000.00 for future medical expenses, must be set aside as not being supported by competent evidence.
However, a partially invalid judgment is voidable only as to the offending part when such is severable. Kolp v. State ex rel. Commissioners of the Land Office, 312 P.2d 483 (Okl. 1957), (judgment voidable as to excess in calculating the amount). See also La Bellman v. Gleason & Sanders, Inc., 418 P.2d 949 (Okl. 1966). There is nothing improper in the award for past medical expenses, lost wages, and property damage. The district court is directed to vacate the award as to the $1,000 for future medical expenses and as to the $50,000 for pain and suffering, past and future, and permanent injuries. Since part of the judgment here is severable, that part thereof awarding $600.00 for past medical expenses, $300.00 for lost wages and $45.00 for property damages is affirmed. The opinion of the Court of Appeals is vacated. The lower court may proceed on the portions of Scott's suit remaining unadjudicated.
LAVENDER, DOOLIN, HARGRAVE and ALMA WILSON, JJ., concur.
HODGES, V.C.J., and KAUGER, J., concur in part; dissent in part.
OPALA, C.J., and SIMMS, J., dissent.
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