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Patras v. Syphax12/2/2005
In answer to special interrogatories, a jury in the Circuit Court for Montgomery County found that appellee Paul Christopher Syphax negligently operated a car that rear-ended a vehicle driven by appellant Dan Patras, and that Syphax's "negligence was the proximate cause of the injuries sustained by [Patras]." But the jury nevertheless awarded Patras no damages.
Patras appeals from the judgment entered on that verdict, raising several issues that we reorder and rephrase as follows:
I. Is the jury's finding that Syphax's negligence caused Patras's injuries inconsistent with its zero dollar damage award?
II. Is the jury's zero damage award inconsistent with uncontroverted proof that Patras sustained injuries in the accident?
III. Did the trial court err in permitting the jury to consider allegedly prejudicial evidence and argument?
IV. Did the trial court err in denying Patras's motion for a new trial on damages?
I. FACTS AND LEGAL PROCEEDINGS
On March 20, 2000, motorists Patras and Syphax were involved in a rush-hour, rear-end accident near the intersection of Seminary Road on Georgia Avenue in Silver Spring. According to the defendant, Paul Syphax, the impact was a mere "tap" that caused no damage to either vehicle. Mr. Patras, on the other hand, described the impact as "forceful" and said that the impact caused him to be rendered momentarily unconscious and also caused "a bend" in the back of the trunk of the rental vehicle he was driving.
Patras was examined, treated, and released from a hospital emergency room within hours of the accident. He later completed a course of physical therapy for a strained neck and back.
Patras sued Syphax on a single count of negligence. At trial, Syphax admitted that he was following Patras too closely in rainy conditions. The defense focused primarily on Patras's injury claims, offering evidence to show that he exaggerated his pain and injuries from the accident, possibly to obtain compensation for non- existent injuries or pre-existing conditions.
Bernard Stopak, M.D., Patras's treating physician, recounted the course of evaluation and treatment he prescribed. A list of medical expenses totaling $11,832.60, itemized by provider and showing "dates of service," was introduced into evidence after Stopak testified that each of these was a reasonable and necessary medical expense.
In a de bene esse video deposition, Clifford Hinkes, M.D., testified as an expert on behalf of Syphax. After examining Patras, Dr. Hinkes agreed that he had some physical injuries from the collision:
[Defense Counsel:] Do you have an opinion, within . . . degree of medical probability, as to whether Mr. Patras did, in fact, sustain some injuries in this case?
[Dr. Hinkes:] Well, I do have an opinion. He did sustain an injury. There had been a car accident, and a good description. And Mr. Patras has a muscular strain of his neck, and probably his lower back also. He had some aches and pains from the accident. I don't dispute that. I think he had a temporary injury. I think he had . . . pain.
Dr. Hinkes also testified that Patras incurred reasonable medical expenses in the course of treatment for these injuries:
[Dr. Hinkes:] Some of the treatment was necessary, and some was not. To be exact, one visit to the emergency room at Holy Cross was necessary, due to the accident. . . . Treatment with Dr. Shaw was necessary April, May, June, and July of 2000. . . . The two MRI scans were necessary. The one opinion from Dr. Stopak was necessary.
Physical therapy . . . . should have been
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