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Heine v. Simon8/18/2005
Respondent James A. Heine was involved in two separate automobile accidents while on service calls for his employer. The accidents occurred approximately four and one-half months apart. The first accident was with an uninsured motorist and the second accident was with appellant Valerie Simon. As a result of the accidents, Heine sustained injuries to his right shoulder, right hip, neck, and lower back. He jointly sued State Farm Insurance Company, under his employer's uninsured motorist coverage, and Simon. The district court granted Simon's motion to sever the trials, but denied her request for partial summary judgment based on collateral estoppel. The court found that Heine's previous workers' compensation determination did not collaterally estop him from litigating in this action his wage loss from the second accident. A jury found that Simon was primarily at fault for the second accident and awarded Heine $16,900.
Heine moved for a new trial on damages or, alternatively, for additur. Along with motions for costs and remittitur, Simon moved to reduce Heine's award for past medical expenses by the amounts he had already received from his workers' compensation benefits. The district court granted in part and denied in part Simon's collateral source offset motion and denied all other motions. Heine appealed on the ground that the court improperly refused to give CIVJIG 91.40 as a jury instruction. Simon appealed on the issues of collateral source offsets and collateral estoppel. The Minnesota Court of Appeals affirmed the district court decision in its entirety. Heine v. Simon, 674 N.W.2d 411, 419, 423 (Minn. App. 2004). We affirm in part, reverse in part, and remand.
On September 26, 1993, an uninsured motorist hit respondent James A. Heine's vehicle from behind while Heine waited at a stoplight ("first accident"). At the time, Heine was on a service call for his employer, Apple Automatic Food Service. Because he was working within the scope of his employment, Heine's injuries were covered under a workers' compensation policy that Apple carried with State Farm Insurance Company. As a result of the accident, Heine suffered injuries to his right shoulder, right hip, neck, and lower back. He received physical therapy for his injuries and missed several weeks of work. He eventually returned to work to modified duties and, initially, for less than full time.
On February 8, 1994, Heine was involved in a second accident ("second accident") while on a work assignment for Apple. He swerved to avoid risking a head-on collision with appellant Valerie Simon, whose vehicle had spun out of control ahead of him. When Heine swerved, he skidded off the road and hit a pole. When the second accident occurred, Heine was still receiving physical therapy as a result of the first accident, but he was working full time at his previous wage. After the second accident, Heine was treated for injuries in his neck, lower back, hips, and shoulder, and he suffered from headaches. Heine gradually returned to full-time permanent work with Apple with some lifting and work restrictions.
Heine never had a work-related injury before the first accident nor did he have any shoulder, neck, hip, or low back problems. His work had required him to regularly lift more than 20 pounds. Since the accidents, no doctor has released Heine to return to the full range of his previous duties. He has been restricted from overhead lifting and from lifting weights greater than 20 pounds and instructed to limit repetitive rotation of the neck and lower back. Through workers' compensation benefits, State Farm paid Heine $23,214.43 for his medical expenses through October 7, 2002.
After the second accid
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