Heine v. Simon

702 N.W.2d 752, 2005 Minn. LEXIS 486, 2005 WL 1981565
CourtSupreme Court of Minnesota
DecidedAugust 18, 2005
DocketA03-710
StatusPublished
Cited by14 cases

This text of 702 N.W.2d 752 (Heine v. Simon) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heine v. Simon, 702 N.W.2d 752, 2005 Minn. LEXIS 486, 2005 WL 1981565 (Mich. 2005).

Opinions

OPINION

ANDERSON, PAUL H„ Justice.

Respondent James A. Heine was involved in two separate automobile accidents while on service calls for his employer. The accidents occurred approximately [757]*757four and one-half months apart. The first accident was with an uninsured motorist and the second accident was with appellant Valerie Simon. As a result of the accidents, Heine sustained injuries to his right shoulder, right hip, neck, and lower back. He jointly sued State Farm Insurance Company, under his employer’s uninsured motorist coverage, and Simon. The district court granted Simon’s motion to sever the trials, but denied her request for partial summary judgment based on collateral estoppel. The court found that Heine’s previous workers’ compensation determination did not collaterally estop him from litigating in this action his wage loss from the second accident. A jury found that Simon was primarily at fault for the second accident and awarded Heine $16,900.

Heine moved for a new trial on damages or, alternatively, for additur. Along with motions for costs and remittitur, Simon moved to reduce Heine’s award for past medical expenses by the amounts he had already received from his workers’ compensation benefits. The district court granted in part and denied in part Simon’s collateral source offset motion and denied all other motions. Heine appealed on the ground that the court improperly refused to give CIVJIG 91.40 as a jury instruction. Simon appealed on the issues of collateral source offsets and collateral estoppel. The Minnesota Court of Appeals affirmed the district court decision in its entirety. Heine v. Simon, 674 N.W.2d 411, 419, 423 (Minn.App.2004). We affirm in part, reverse in part, and remand.

On September 26, 1993, an uninsured motorist hit respondent James A. Heine’s vehicle from behind while Heine waited at a stoplight (“first accident”). At the time, Heine was on a service call for his employer, Apple Automatic Food Service. Because he was working within the scope of his employment, Heine’s injuries were covered under a workers’ compensation policy that Apple carried with State Farm Insurance Company. As a result of the accident, Heine suffered injuries to his right shoulder, right hip, neck, and lower back. He received physical therapy for his injuries and missed several weeks of work. He eventually returned to work to modified duties and, initially, for less than full time.

On February 8, 1994, Heine was involved in a second accident (“second accident”) while on a work assignment for Apple. He swerved to avoid risking a head-on collision with appellant Valerie Simon, whose vehicle had spun out of control ahead of him. When Heine swerved, he skidded off the road and hit a pole. When the second accident occurred, Heine was still receiving physical therapy as a result of the first accident, but he was working full time at his previous wage. After the second accident, Heine was treated for injuries in his neck, lower back, hips, and shoulder,1 and he suffered from headaches. Heine gradually returned to full-time permanent work with Apple with some lifting and work restrictions.

Heine never had a work-related injury before the first accident nor did he have any shoulder, neck, hip, or low back problems. His work had required him to regularly lift more than 20 pounds. Since the accidents, no doctor has released Heine to return to the full range of his previous duties. He has been restricted from overhead lifting and from lifting weights greater than 20 pounds and instructed to limit repetitive rotation of the neck and lower [758]*758back. Through workers’ compensation benefits, State Farm paid Heine $23,214.43 for his medical expenses through October 7, 2002.

After the second accident, Apple continued to assign Heine different duties because of his restricted mobility. In August 1994, Heine asked Apple if he could become a partner in the business, but Apple rejected the request and Heine resigned. Heine then started a business with some friends maintaining vending machines. Heine has also worked for several other employers following his resignation from Apple. Since September 18, 1994, Heine has never earned as much as his previous wages of $255.50 per week and has never held full-time employment.

On February 7, 2000, Heine filed a workers’ compensation claim seeking temporary partial disability benefits and permanent partial disability benefits because of his injuries from the two accidents. He claimed that the accidents restricted him to part-time work. At hearings held on November 30 and December 4, 2000, a vocational expert testified that she believed Heine was voluntarily underemployed between September 18, 1994, and the date of the workers’ compensation hearing. The workers’ compensation judge found that Heine’s resignation from Apple in September 1994 was for personal reasons and not related to work injuries. The judge also found that Heine had not met his burden of proof on his claim that his doctor had restricted him to working only half-time between September 1994 and August 2000.

The compensation judge found that Heine’s permanent partial disability was seven percent and that he was entitled to a maximum of 225 weeks of temporary partial disability benefits for his injuries related to both accidents collectively. The judge also determined that Heine’s wages at the time of both accidents averaged $255.50 gross per week.2 On January 31, 2001, the judge’s order included the following: (1) Heine was entitled to payment for a seven percent permanent partial disability; (2) no interest was due on the payment; and (3) Heine’s claim for temporary partial disability wage loss benefits from September 18, 1994 to December 4, 2000 was denied.

Heine appealed from the compensation judge’s determination of the amount of his weekly wages and the judge’s denial of temporary partial disability benefits between September 18, 1994 and December 4, 2000. The Workers’ Compensation Court of Appeals (WCCA) affirmed, and we affirmed the WCCA without an opinion.

On September 3, 1999, five months before filing his workers’ compensation claim, Heine commenced a negligence action against Simon and State Farm, Apple’s uninsured motorist insurer. Heine sued the parties jointly because he claimed that he could not apportion the damages caused by each defendant. He asserted that the uninsured motorist and Simon both had been driving carelessly and negligently when the respective accidents occurred. Heine alleged that, as a result of the accidents, he “sustained injuries to his cervical and lumbar spine and was otherwise severely and permanently injured satisfying the thresholds set forth in Minn. Stat. § 65B.51, Subd. 3.”3 He requested a [759]*759judgment of greater than $50,000 from each defendant for past and future medical expenses and loss of earnings and earning capacity.

On Simon’s motion and against Heine’s opposition, the district court severed the trials on the two causes of action stating that “the two accidents [were] not part of the same series of occurrences and are not factually connected to each other.” Because the two accidents occurred nearly five months apart and involved different defendants and circumstances, the court found that keeping the two matters together would be “an unreasonable extension of the joinder rule.”

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Heine v. Simon
702 N.W.2d 752 (Supreme Court of Minnesota, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
702 N.W.2d 752, 2005 Minn. LEXIS 486, 2005 WL 1981565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heine-v-simon-minn-2005.