American Central Insurance Company v. Melton

389 S.W.2d 177
CourtCourt of Appeals of Texas
DecidedMarch 26, 1965
Docket16476
StatusPublished
Cited by10 cases

This text of 389 S.W.2d 177 (American Central Insurance Company v. Melton) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Central Insurance Company v. Melton, 389 S.W.2d 177 (Tex. Ct. App. 1965).

Opinion

*179 WILLIAMS, Justice.

James R. Melton brought this action against American Central Insurance Company seeking to recover medical expenses under the provisions of an automobile liability insurance policy issued to Melton by the insurance company. The insurance policy, under “Medical Payments” provided, inter alia:

“To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral expenses.”

Plaintiff Melton alleged that he and his wife had been involved in an automobile accident on March 12, 1962 wherein each had allegedly sustained personal injuries and had incurred medical expenses in excess of $1,000 each for treatment therefor. The insurance company answered with a general denial.

The jury, in answer to special issues inquiring as to the amount of the reasonable expenses necessarily incurred for medical services by both Mr. and Mrs. Melton, found such amount to be $800 and judgment was rendered for the plaintiffs in that sum, together with $200 attorneys’ fees, and $96 penalties. Defendant’s motion for judgment non obstante veredicto, based upon the absence of evidence to support the jury’s answer to the medical expense issues, was overruled. Defendant appeals from that action, asking us to reverse and render the judgment of the trial court. Plaintiff also appeals, asking us to reverse and remand the judgment, based upon alleged procedural errors, and also for the reason that the verdict is manifestly inadequate.

Special Issue No. 2, as submitted to the jury, inquires:

“What do you find from a preponderance of the evidence to be the amount of the reasonable expense, if any, incurred within one year from the date of the accident in question for necessary medical services, if any, to James R. Melton?”

Special Issue No. 4 was the same question as to the services rendered Mrs. Melton. Appellant presents six points of error which contend that the trial court erred in refusing to set aside the jury’s verdict in answer to each of these special issues, and to render judgment non obstante veredicto for appellant, because there was no evidence, insufficient evidence, and no competent evidence of the reasonableness and necessity for medical services to Mr. and Mrs. Melton. Since all of appellant’s points relate to the action of the court in refusing its judgment non obstante vere-dicto such points are “no evidence” points inasmuch as the trial court would not have been legally authorized to grant the motion for judgment non obstante veredicto unless there was no evidence to sustain the answers of the jury to Issues 2 and 4. Davidson v. Methodist Hospital of Dallas, Tex.Civ.App., 348 S.W.2d 400; Burbridge v. Rich Properties, Inc., Tex.Civ.App., 365 S.W.2d 657; Burt v. Lochausen, 151 Tex. 289, 249 S.W.2d 194; Lockley v. Page, 142 Tex. 594, 180 S.W.2d 616; Quarles v. Quarles, Tex.Civ.App., 386 S.W.2d 337. Appellant’s Points 1 and 2, being “no evidence” points, will be discussed presently. Appellant’s Points 3, 4, 5 and 6, being “insufficient evidence” points, must be overruled on the authority of the above cited cases.

Being a “no evidence” situation, we have reviewed appellant’s Points 1 and 2 in the light of the rule announced by our Supreme Court in In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660. Having so examined this question of law we are in agreement with appellant that there is no evidence of probative force of the reasonableness of the medical services that were rendered Mr. and Mrs. Melton. As recited above the insurance contract expressly provided that the company would be liable to pay the insured reasonable medical expenses necessarily incurred as a result of an accident. Melton, in his pleadings, al *180 leged an itemized list of medical expenses for which he sought a judgment. The insurance company denied these items. This cast the burden of proof upon Melton to prove by a preponderance of the evidence the reasonableness of the medical expenses which had been necessarily incurred by him and his wife growing out of the accident in question. In an effort to meet this burden of proof only two witnesses were offered by appellee and those were Mr. and Mrs. Melton. Several attempts were made to elicit testimony from these witnesses as to their opinions regarding the reasonableness of the medical expenses. On each occasion objection would be interposed to the effect that Melton and his wife were not shown to be qualified to express an opinion relating to the reasonableness of the items and on each occasion the trial court sustained such objection and refused to allow Mr. and Mrs. Melton to render an opinion concerning this vital question. The trial court did permit Mr. and Mrs. Melton to testify what they had actually paid in medical expenses but limited this testimony to showing the amount paid. In taking this action the court said:

“I will allow them to prove what they paid out in expenses, but if they are reasonable, I don’t believe they have qualified, certainly to the extent of knowing. I don’t believe they could qualify as knowing if they were reasonable. I am going to let them testify to the amount of the bill, but as to the reasonableness, I would have to have a showing that they had more than the common knowledge that an ordinary person would have.”

We think the trial court was correct. These expenses involved technical expenses such as x-rays, orthopedic care, physiotherapy, etc. These are matters outside the scope of the knowledge of the ordinary layman and must be established by those who are cognizant with such matters. The trial court heard the testimony of both witnesses as to their experience in matters of this kind and concluded that neither possessed the necessary qualifications to express an opinion. The trial court is vested with broad discretion in determining whether a witness offered as an expert possesses the necessary qualifications and this discretion is not subject to review, except for an abuse thereof. Long v. Surls, Tex.Civ.App., 275 S.W.2d 728. We see no abuse of discretion revealed in this record.

We also think the trial court was correct in allowing evidence of actual payment of medical expenses but in denying that such constituted evidence of reasonableness thereof. Our Supreme Court, in Dallas Ry. & Terminal Co. v. Gossett, 156 Tex. 252, 294 S.W.2d 377, specifically held that it is now well settled in Texas that proof of the amounts charged or paid does not raise an issue of reasonableness, and recovery of such expenses will be denied in the absence of evidence showing that the charges are reasonable.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rodriguez-Narrera v. Ridinger
19 S.W.3d 531 (Court of Appeals of Texas, 2000)
Castillo v. American Garment Finishers Corp.
965 S.W.2d 646 (Court of Appeals of Texas, 1998)
Williams v. Olivo
912 S.W.2d 319 (Court of Appeals of Texas, 1995)
Waltz v. Waltz
776 S.W.2d 320 (Court of Appeals of Texas, 1989)
Home Indemnity Co. v. Eason
635 S.W.2d 593 (Court of Appeals of Texas, 1982)
Gerland's Food Fair, Inc. v. Hare
611 S.W.2d 113 (Court of Appeals of Texas, 1980)
Delta Air Lines, Inc. v. Gibson
550 S.W.2d 310 (Court of Appeals of Texas, 1977)
International Security Life Insurance Co. v. Short
443 S.W.2d 949 (Court of Appeals of Texas, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
389 S.W.2d 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-central-insurance-company-v-melton-texapp-1965.