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Winchel v. Paton10/4/2005
Danelle Winchel sued Polly Paton for personal injuries allegedly caused by a low-speed automobile collision. Though the jury determined that Ms. Paton was negligent, it did not find that the negligence caused Ms. Winchel's injuries. Ms. Winchel appeals and Ms. Paton cross-appeals.
On appeal, Ms. Winchel argues that the trial court abused its discretion in failing to remove jurors for cause. Both Ms. Winchel and Ms. Paton believe that the trial court abused its discretion by failing to exclude the testimony of the other party's expert witnesses. We conclude the trial court did not abuse its discretion in failing to remove jurors for cause. We further conclude the trial court correctly allowed Ms. Paton's forensic expert to testify regarding the likelihood of injury from the low-speed collision. Consequently, we affirm the judgment against Ms. Winchel.
FACTS
On October 13, 1998, Polly Paton was involved in an automobile accident in Spokane, Washington. While backing up, her vehicle collided with a vehicle driven by Danelle Winchel. The low-speed collision damaged Ms. Winchel's license plate but no other damage was apparent. On September 11, 2001, Ms. Winchel sued Ms. Paton for injuries resulting from the collision. She alleged that the collision caused her fibromyalgia. Ms. Paton disputes the allegation that the collision caused Ms. Winchel's injuries.
Ms. Winchel was examined by Dr. Paul Brown. He conducted a tender point examination, reviewed her medical records, reviewed her deposition, and took a patient history from Ms. Winchel. As a result of the tender point examination, he diagnosed her as having fibromyalgia. Based upon patient history, Dr. Brown opined that the collision caused Ms. Winchel's fibromyalgia.
Ms. Winchel was examined by Dr. Donald Uslan, a mental health and rehabilitation counselor. Dr. Uslan received medical information about Ms. Winchel from Dr. Brown. Based upon his examination and the materials provided by Dr. Brown, Dr. Uslan determined that Ms. Winchel had fibromyalgia and that the fibromyalgia caused her to be unemployable.
Ms. Winchel was examined by Robert Moss, an economist. Mr. Moss received information about Ms. Winchel's prior employment and prior earnings. He received information about her educational background and also received information from Dr. Uslan. He then obtained statistical information. The statistical information included life expectancy statistics from the National Center for Health Statistics of the U.S. Government; work life expectancy statistics from the U.S. Department of Labor; and average earnings statistics from the U.S. Census Bureau. Combining the information he had learned about Ms. Winchel with the statistical information he had received from the U.S. Government, Mr. Moss determined Ms. Winchel's past wage loss and future earning capacity loss.
Ms. Paton hired Dr. Allen Tencer as a forensic expert. Dr. Tencer is a professor of orthopedic surgery at the University of Washington. He is a biomechanical engineer who studies the causes of injuries and how to prevent them. Dr. Tencer conducts federally-funded research studies on automobile crash investigation. Dr. Tencer inspected Ms. Winchel's vehicle, viewed photographs, reviewed depositions, and reviewed medical records. Based upon this information, Dr. Tencer formed an opinion that the automobile collision did not cause Ms. Winchel's injuries.
Each party moved to exclude the testimony of the other party's expert witnesses. Ms. Paton moved to exclude the testimony of Dr. Brown and Dr. Uslan. The motions were denied. She brought a similar motion to exclude the testimony of Mr. Moss but asked that
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