 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hayhoe v. Henegar6/23/2005
In a lawsuit arising out of an automobile accident, the jury found Janice Amanda Hayhoe liable for negligence. We modify and affirm.
On May 31, 1999, Rick Henegar was driving a truck in Sweetwater. While he was stopped at a red light, he was struck from behind by appellant. Immediately after the accident, EMS transported Henegar to the hospital emergency room, where he complained of back pain. On June 2, 1999, Henegar sought medical treatment with a chiropractor, Dr. Bobby Mal Hollander. Dr. Hollander diagnosed Henegar with a herniated disc in his back. Surgery was eventually required. Henegar subsequently sued appellant for negligence, alleging that the collision was the proximate cause of his back injury. After a jury trial, Henegar was awarded $86,491.91 in damages, including the costs associated with the surgery.
Appellant argues four issues on appeal. In her first issue, appellant asserts that the trial court abused its discretion in admitting the report and testimony of Dr. Hollander, the chiropractor who initially treated Henegar for his back pain. In her second issue, appellant asserts that the evidence was legally and factually insufficient to support the jury's award of damages for past medical expenses. In her third issue, appellant asserts that the jury charge impermissibly included damage elements that were not supported by competent evidence of causation. In her fourth issue, appellant argues that the trial court erred in not calculating prejudgment and postjudgment interest at a rate of 5 percent.
In her first issue on appeal, appellant asserts that Dr. Hollander was not qualified to give an expert opinion on what caused Henegar's need for surgery; therefore, the trial court abused its discretion in admitting his report and testimony. We disagree.
The decision as to whether an expert witness is qualified to testify is a matter committed to the trial court's discretion. United Blood Services v. Longoria, 938 S.W.2d 29, 30 (Tex.1997). The trial court abuses its discretion if it "acted without reference to any guiding rules or principles." E.I. du Pont de Nemours and Company, Inc. v. Robinson, 923 S.W.2d 549, 558 (Tex.1995). The offering party bears the burden of establishing that the witness is qualified as an expert. Broders v. Heise, 924 S.W.2d 148, 151 (Tex.1996).
We conclude that Dr. Hollander was qualified to testify about what caused the need for Henegar's back surgery. Although he was not a surgeon, Dr. Hollander testified that he had been a chiropractor for 20 years. He graduated in 1983 with a Doctorate in Chiropractic Medicine from the Texas Chiropractic College in Pasadena. There, he studied anatomy, physiology, and pathology. He also served as a professor at the Texas Chiropractic College. Dr. Hollander further testified that he was familiar with the anatomy and conditions of the spine.
In diagnosing Henegar with a herniated disc, Dr. Hollander performed a series of physical, orthopedic, and range-of-motion tests. In forming his opinion that the automobile collision caused the herniated disc, Dr. Hollander relied not only on his 20 years of chiropractic experience, but also on postgraduate work in physics and dynamics, in addition to the patient information and history provided by Henegar during their initial consultation. In Dr. Hollander's practice, he has treated other patients with herniated discs, and he testified that a herniated disc is often referred to a surgeon for actual surgery.
Because of Dr. Hollander's extensive experience with chiropractic medicine in general and herniated discs in particular, we do not believe that the trial court abused its discretion in finding that Dr. Ho
Page 1 2 3 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|