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Topp v. Leffers10/21/2005
o statements draw conclusions about the cause of Topp's injuries, but these conclusions are prefaced by the use of the words "apparently" and "appears." Dr. Schreier's use of the words "apparently" and "appears" indicate that he believed it was possible that the November 2000 accident caused the aggravation of Topp's pre-existing injuries, but that he was not certain of this. Thus, Dr. Schreier's opinions are not of sufficient medical certainty to show that Leffers' actions caused the aggravation of Topp's pre-existing injuries.
Although Dr. Reecer and Dr. Schreier's opinions, standing alone, are not sufficient to sustain Topp's burden on the element of causation because they lack reasonable medical certainty, Topp argues that their opinions, in conjunction with her own testimony, are sufficient evidence to prove causation. To support her position, Topp relies upon Smith v. Beaty, 639 N.E.2d 1029 (Ind. Ct. App. 1994). In that case, Smith was driving his van on a state highway when one of his tires went flat. Smith lost control of the van, and it rolled over twice, coming to rest upside-down in the eastbound lane of traffic. Marti Wells stopped her car to see if Smith needed assistance. When Wells approached the van, she found Smith trapped inside by his seatbelt. Before Smith could be extricated from the van, a semi truck driven by Beaty came upon the scene of the accident and struck Smith's van spinning it onto its side. After the accident, Smith was taken to the hospital where he was treated for five fractured ribs. Smith brought a negligence action against Beaty. At trial, Beaty filed a motion for judgment on the evidence, which the trial court granted.
On appeal, Beaty argued that the trial court properly granted his motion for judgment on the evidence because Smith failed to present any expert evidence that his injuries were proximately caused by Beaty's actions. At trial, Smith's expert witness, Dr. J.F. Pangan, testified that "he could not say to a reasonable degree of medical certainty whether the rolling of the van or the impact of the semi caused Smith's rib injuries." Id. at 1034. Despite this, Smith argued that he "presented sufficient objective evidence that his injuries were caused by the semi's impact to allow the submission of the case to the jury." Id. at 1033. We began by stating that " ausation in a negligence case need not always be proven by expert testimony. Causation may be proven by circumstantial evidence if the evidence has sufficient probative force to constitute a basis for a legal inference rather than mere speculation." Id. at 1034. Citing Daub, we said, "When the issue of causation is within the understanding of a lay person, testimony of an expert witness is not necessary." Id.
In considering the evidence, we noted that Smith testified that he only felt severe pain after Beaty's semi truck hit his van. Smith stated that prior to Beaty's semi hitting his van, he was able to move around inside the van without experiencing any rib pain. Wells testimony corroborated Smith's. She indicated that when she first arrived at the scene, Smith did not complain of any pain. After Beaty's semi hit the van, though, Wells said Smith was in pain, was holding his ribs, and told her that he thought his ribs were broken. Smith also introduced into evidence x-rays taken after the accident that showed he had rib fractures, and a medical report made by Dr. R. S. Wright that stated Smith suffered major injuries to his chest after the second impact.
We first concluded that in this case a lay person "would be competent to draw inferences from these facts and determine that Beaty's conduct was a cause of Smith's injuries." Id. We determined that " rom Smith's own tes
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