Brown v. Los Angeles Transit Lines

287 P.2d 810, 135 Cal. App. 2d 709, 1955 Cal. App. LEXIS 1415
CourtCalifornia Court of Appeal
DecidedSeptember 28, 1955
DocketCiv. 20386
StatusPublished
Cited by5 cases

This text of 287 P.2d 810 (Brown v. Los Angeles Transit Lines) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Los Angeles Transit Lines, 287 P.2d 810, 135 Cal. App. 2d 709, 1955 Cal. App. LEXIS 1415 (Cal. Ct. App. 1955).

Opinion

WOOD (Parker), J.

Plaintiff Mrs. Brown was a passenger on a streetcar of defendant which collided with another streetcar of defendant at a street intersection. In this action for damages for personal injuries (and for husband’s loss of wife’s services) resulting from the collision, the defendant admitted liability. Only the question as to amount of damages was submitted to the jury. Defendant appeals from a judgment for $25,000 in favor of plaintiffs. Mrs. Brown will be referred to as the plaintiff.

Appellant contends that the court erred prejudicially in permitting plaintiff’s witness, a physician who was testifying as an expert neurologist, to testify on direct and redirect examination regarding statements in medical textbooks.

The collision occurred in January, 1952. Plaintiff was 64 years of age. She did not have any recollection of the occurrence of the accident, except that she heard the crash. The next thing she remembered was that she was in a hospital.

After the collision plaintiff was taken to the receiving hospital and then, upon instructions from her physician Dr. Williams, she was taken to another hospital where Dr. Williams examined her. He found that she had tenderness and edema (swelling) of the posterior scalp, had some stiffness of her neck, had muscle spasms on both sides of her neck, and *711 that she was in a highly nervous state. She was in the hospital about three days. During that time Dr. Williams made a diagnosis that she had a concussion of the brain,- and that she had traumatic shock. When she returned home her face was very much swollen. She was confined to her bed at home about three weeks. At the end of three weeks she could not get out of bed without help. A nurse took care of her about three months during the daytime. About two weeks after the accident a tremor or violent shaking started or was manifested in her head and right arm. The tremor or shaking continued thereafter and was continuing at the time of trial. (The trial commenced on November 30, 1953.)

At the trial, plaintiff contended that the tremor was a manifestation of Parkinson’s disease (or shaking palsy) ; and that such disease was caused by the collision. According to the evidence, such disease is not curable and it gets progressively worse. At the trial, defendant contended that the tremor was not Parkinson’s disease but that plaintiff’s condition was due to hysteria or some emotional disturbance, and that the shaking would stop when she is relieved of the tensions that are operating on her; and that if it be assumed that a lawsuit is the cause of the emotional disturbance she would recover when the suit is terminated. Defendant stated that it did. not contend that plaintiff was malingering. There was testimony, on behalf of plaintiff, that the tremor could not be feigned, because a person, who would try to feign it, would be so tired after the first few minutes that he would have to quit. At the trial, a factual question was whether Parkinson’s disease could be caused by trauma. There was testimony on behalf of plaintiff that the disease could be caused by trauma, and there was testimony on behalf of the defendant to the contrary.

Dr. Gordy, an expert neurologist called as a witness by plaintiff, testified that she examined plaintiff in September, 1953, that the tremor is characteristic of Parkinson’s tremor; that the examination showed other characteristics of Parkinson’s syndrome or disease such as a rigidity of muscles and a stooped posture, difficulty in getting up suddenly and maintaining balance; the tremor appeared in a rather violent form instead of a slow imperceptible type of condition; in Dr. Gordy’s opinion the trauma or injury in the streetcar accident precipitated Parkinson’s syndrome; and that there is a definite causal relationship between the accident and the tremor of plaintiff’s hand and head.

*712 Dr. Bercel, a physician called as a witness by plaintiff, testified that he specializies in neurology and psychiatry; he had had many eases of Parkinson’s disease; he did not give plaintiff a neurological examination; in October, 1953, he gave plaintiff an electromyogram test; the purpose of the test is to determine the nature of the tremor; in his opinion, which is based only upon his interpretation of the graph made in that test, plaintiff’s tremor is characteristic of Parkinson’s tremor.

Dr. Williams, a physician called as a witness by plaintiff, testified that he is a general medical practitioner; plaintiff was his patient prior to the accident; in 1949 he treated her for hypertension; he examined her at the hospital after the accident (as above stated); after the accident he treated her 66 times; when he observed the tremor about two weeks after the accident he recommended that she consult a neurologist, and he also made that recommendation in April, 1952; in his opinion, plaintiff’s tremor was typical of Parkinson’s syndrome.

Dr. Adelstein, an expert neurologist called as a witness by plaintiff, testified that he examined plaintiff in September, 1952; in his opinion, the trigger mechanism or the precipitating factor “of these symptoms, particularly the shaking and the tremor, was the concussion or the head injury that she sustained at the time of her accident.” Then the witness was asked, on direct examination, if dozens of books on neurology had been written. Defendant objected to the question on the ground that it was incompetent, irrelevant and immaterial. The objection was overruled. The witness answered that many standard textbooks on neurology had been written. Counsel for plaintiff stated “And I take it that you and other neurologists acquire your knowledge by the simple method among others of reading these books that have been written by neurologists?” The witness answered, “That is correct.” Then the proceedings were as follows: “Q. [By counsel for plaintiff.] And have you done research, Doctor, on the question of whether or not Parkinson’s syndrome is sometimes precipitated by trauma or a blow to the head? Mr. Thomas [counsel for defendant] : That is objected to as being incompetent, irrelevant, immaterial, and calling for hearsay. It doesn’t give the opponent any chance to cross-examine. It is improper direct examination. Mr. Bauder [counsel for plaintiff] : I submit, your Honor, it goes into his qualifications. If he is basing his knowledge on text *713 books on neurology that he has read and acquired knowledge of the subject from the textbooks, certainly that is entitled to the jury’s consideration. The Court: Objection is overruled. The Witness : Yes. I have read a number of standard orthodox texts and other literature, medical literature, over a period of some years with reference not only to Perkinson’s disease or this type of shaking palsy, but also with reference to the cause of it; also with reference to the relationship which may exist and does exist between injury or trauma and the trigger mechanism which seems at times to bring on a condition like this. Q. By Mr. Bauder : And have you based your opinion that this was precipitated by the streetcar accident in part on which you have read in these texts? Mr. Thomas : That is objected to on the same grounds. The Court : Objection is overruled. Mr. Thomas : Any reference to any textbook on direct examination is improper. It doesn’t make any difference whether this expert based it on that or what he based it on. I object to the question. Mr.

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Bluebook (online)
287 P.2d 810, 135 Cal. App. 2d 709, 1955 Cal. App. LEXIS 1415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-los-angeles-transit-lines-calctapp-1955.