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Smalley v. Baty4/26/2005
CERTIFIED FOR PUBLICATION
In this personal injury case where defendants conceded liability and contested only damages, the trial court granted defendants' motion to exclude evidence that plaintiff had paid his own medical bills. The jury ultimately awarded plaintiff less in economic damages than he had already paid out of pocket for medical expenses. We conclude the trial court's ruling was a prejudicial abuse of discretion that compels reversal.
FACTUAL AND PROCEDURAL BACKGROUND
On March 11, 2003, plaintiff James Smalley, having stopped on Lindhurst Avenue in Yuba City to make a left turn, was rear-ended by a truck driven by defendant Orville Baty while in the course of his employment by defendant California Cascade Industries, Inc.
On August 15, 2003, Smalley filed a complaint for personal injury against defendants. The case came on for jury trial on June 8, 2004.
Before trial, defendants moved to bar plaintiff from introducing evidence that he had paid his medical bills personally. They asserted that, though "marginally relevant to the issue of special damages," such evidence should be excluded because "an over emphasis on the fact that the Plaintiff personally paid for medical treatment in an attempt to argue that his treatment was somehow more necessary or more important than had his medical insurance paid for it is not relevant. In addition, the admission of such evidence would likely prejudice the jury in that they may attach undue significance to the fact that the Plaintiff paid rather than his medical insurance." Furthermore, " xcluding such evidence is consistent with the collateral source rule which would prevent Defendants from admitting evidence demonstrating that the Plaintiff's insurance paid for his medical treatment." Defendants did not cite authority for any of these propositions.
The trial court granted defendants' motion. Thus, Smalley was allowed to show that medical expenses had been incurred and paid, but not that he had paid them himself.
Smalley's Case
On March 11, 2003, defendant Baty's truck, traveling around 31 miles per hour, rear-ended Smalley's stopped vehicle and forced it off the road. The front seatback was forced out of line so that it pointed toward the trunk. The vehicle was totaled.
After the accident, Smalley was taken to the hospital by ambulance, treated, and discharged.
The next day, Smalley saw his primary care physician, Dr. William Irvine, who had treated him for 10 years. Smalley complained of pain and stiffness in his neck, upper back, and lower back; he also mentioned a recently-noticed lump in his left groin. Dr. Irvine found muscle spasms in the thoracic and lumbar areas of Smalley's neck; these were objective symptoms, not merely subjective complaints. There was also tenderness in the groin. A hernia developed there later; Dr. Irvine referred Smalley to a specialist who repaired it surgically. When asked if the "type of trauma" Smalley suffered in the accident was "consistent with causing a hernia" detected soon after the accident, Dr. Irvine answered affirmatively.
Smalley, aged 53 at the time of the accident, had a history of osteoarthritis, including the cervical spine, but had never complained of neck pain or discomfort before the accident. A history of osteoarthritis renders a person more vulnerable to injury in rear-end collisions.
Dr. Irvine referred Smalley to physical therapy for his muscle spasms. As of the time of trial, Smalley had undergone 118 physical therapy sessions. Dr. Irvine, who had seen him three more times since the initial visit, approved of this course and amount of treat
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