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Woodland v. Thornton8/25/2005
On October 12, 2001, the automobile driven by Defendant/Appellant Gloria J. Thornton ("Thornton") struck the rear of the automobile driven by Plaintiff/Appellee Bernice Walton Woodland ("Woodland"). At the time of the accident, Woodland was sixty-five years old. As a result of the collision, Woodland suffered property damage and personal injuries.
On May 2, 2002, Woodland filed this lawsuit against Thornton, alleging negligence and seeking damages resulting from the accident. Thornton denied that she was negligent and alleged that Woodland was comparatively at fault.
On August 9, 2004, the matter was tried before a jury. Several witnesses testified, and several exhibits were admitted into evidence. Because liability is not raised as an issue on appeal, we recount only the evidence pertaining to damages. During the trial, the parties stipulated that Thornton's property damage was $1,750.
Regarding Woodland's claimed personal injuries, she submitted the video deposition of James Burnett, M.D. ("Dr. Burnett"). In the deposition, Dr. Burnett testified that Woodland had been his patient since 1987. The medical records showed that, on the day of the accident, Woodland visited Dr. Burnett's office with complaints of pain in her neck, right shoulder, and right arm. She was tested that day, and a radiology report indicated that Woodland had no acute injuries or fractures, but that she had degenerative changes, or arthritis, in her neck. Dr. Burnett examined Woodland three days after the accident, and she told him that she still had neck, back, and shoulder pain. He prescribed muscle relaxers and pain medication to alleviate Woodland's symptoms. Dr. Burnett described Woodland's condition as "a whiplash type jury [that] has caused a exacerbation of her inflammatory change in her neck. It is a chronic thing." Dr. Burnett referred Woodland to a neurosurgeon, John Lindermuth, M.D. ("Dr. Lindermuth"), to explore the possibility of having surgery to relieve her neck pain. However, Woodland never underwent surgery to treat her condition. By April 3, 2002, over six months after the accident, Woodland still complained of pain in her neck and back, and Dr. Burnett continued to prescribe pain medication to her.
Dr. Burnett testified that he believed that the accident aggravated the existing degenerative changes in Woodland's neck and back. When asked whether he had an opinion about whether the condition in Woodland's back and shoulder was permanent, Dr. Burnett responded:
Well, you know, as the MRI and X-rays revealed, she had arthritis and spinal stenosis, which was present before the wreck, but she's going to continue to have pain in her neck and shoulder intermittently I would - I think for the rest of her life. The motor vehicle accident in October of 2001 made it worse for a while. Today the pain that she has, I can't say for sure is, you know, from the wreck, but it's going to be permanent.
A December 9, 2002 report from Dr. Lindermuth indicated that he believed that Woodland would "make a satisfactory recovery from her injuries with no permanent impairment."
Woodland's daughter, Bernstein Walton Owen ("Owen"), testified that, for about three months after the accident, Woodland was unable to drive or carry out all of the household duties she performed before the accident. During that three-month period, Owen drove Woodland to the grocery store and to appointments with physicians. Woodland paid Owen gas money and provided her lunch for her assistance. Owen estimated that Woodland had paid her a total of "close to" $200.
Woodland testified on her own behalf. She described the circumstances of the automobile acciden
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