Kelmendi v. Pitts

7 F. App'x 378
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 20, 2001
DocketNo. 99-2337
StatusPublished

This text of 7 F. App'x 378 (Kelmendi v. Pitts) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelmendi v. Pitts, 7 F. App'x 378 (6th Cir. 2001).

Opinion

OPINION

GILMAN, Circuit Judge.

This suit arises out of a motor vehicle accident allegedly caused by Randall Pitts, who was driving a GBM truck. Dr. John Prel Kelmendi, who was insured by State Farm, claims that he suffered serious bodily injuries as a result of the collision. The matter ultimately proceeded to trial by a jury, which returned a verdict for the defendants. Kelmendi now challenges that ruling. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

On the morning of July 25, 1994, Kelmendi was driving in the curb lane of westbound Outer Drive in Detroit, Michigan when a GBM tractor trailer driven by Pitts struck Kelmendi’s car. Kelmendi claims that the truck, while traveling at approximately 25 miles per hour, made a sudden right-hand turn from the left lane, trapping Kelmendi’s car between it and the curb. As a result, Kelmendi contends that his car was dragged a considerable distance by the truck, that he sustained serious bodily injuries, and that he was knocked unconscious. Kelmendi faded to complain of any injuries, however, when the police arrived at the scene to investigate the accident. Instead, he proceeded to his construction company’s jobsite without seeking any medical treatment.

Later that same day, one of the construction company workers accidentally cut Kelmendi’s wrist with a chain saw. It was only then that he sought medical attention. The doctor who sutured his wrist made no notes indicating that Kelmendi had complained of any problems besides the wrist wound. When Kelmendi returned the next week to have the stitches removed, however, he arrived on crutches and informed the doctor that he was suffering from neck, back, and knee pain due to the vehicular accident. He sought treatment in the ensuing months for a closed-head injury, frequent headaches and dizziness, severe traumatic nervous shock, and injuries to his neck, upper back, and legs. Kelmendi also claims that he [380]*380was unable to return to work because of the injuries he sustained in the accident.

After requesting Kelmendi to undergo an independent medical examination in October of 1995, State Farm suspended further insurance payments. The doctor who performed the exam found that Kelmendi had fully recovered from any injury that he may have suffered as a result of the accident, and that no further medical treatment, housekeeping services, or wage disability payments were necessary. By this time, State Farm had already paid approximately $50,000 to various medical providers and physical therapists from whom Kelmendi was seeking treatment.

On July 23, 1997, Kelmendi brought suit against Pitts and GBM for negligently causing the motor vehicle accident. He also asserted a claim against State Farm, alleging that it owed him benefits for medical expenses, housekeeping services, and wage loss pursuant to Michigan’s no-fault insurance law. See Mich. Comp. Laws § 500.3101-.3179. The case was filed in federal district court based upon diversity of citizenship. Kelmendi claimed a total of $105 million in damages.

In October of 1999, the case proceeded to trial. Kelmendi was the first witness called to testify. He was questioned for three days about the accident and the damages that he was claiming. Kelmendi also presented evidence from three doctors who described the extent of his physical and mental ailments. Although there were two passengers in Kelmendi’s car at the time of the accident, he did not call either of them as witnesses.

The only other person to testify about how the accident occurred was Pitts, whose version of what happened was substantially different than Kelmendi’s. Pitts claimed that he had proceeded with due care, slowed down to three to five miles per hour, and used his four-way flashers and turn signal to indicate the “button hook” maneuver necessary to make the sharp turn into a factory entrance. Because Kelmendi suffered from chronic diseases associated with his back and neck dating back to the 1980s, and had sustained additional trauma in a 1998 automobile accident, the defense also presented two doctors who cast doubt on the scope and cause of Kelmendi’s claimed injuries.

After deliberating for two hours, the jury returned a verdict, finding that Pitts and GBM had not been negligent in the accident and that Kelmendi had not been injured. Judgment was entered accordingly by the district court. Kelmendi now challenges that judgment in this pro se appeal.

II. ANALYSIS

As an initial matter, we note that because Kelmendi filed this appeal without the assistance of counsel, the issues raised on appeal are not clearly defined. His briefs also fail to cite any legal authority in support of his arguments. Rather, he reargues the facts of his case without precise references to the record and makes unsubstantiated claims that defense counsel engaged in “distortion, outright lies,” and a “coordinated campaign of character assassination.” Giving him the benefit of the doubt, his appeal appears to raise three challenges for review. We will discuss them in turn.

A. Sufficiency of the evidence

Kelmendi first contends that the jury’s verdict was not supported by the weight of the evidence. When reviewing a civil jury verdict to determine whether the evidence is sufficient to support the judgment, we view the evidence in the light most favorable to the prevailing party. See Coal Res., Inc. v. Gulf & W. Indus., Inc., 865 F.2d 761, 767 (6th Cir.1989). The verdict, moreover, is entitled to considerable deference, see Adkins v. GAF Corp., 923 F.2d 1225, 1232 (6th Cir.1991), and [381]*381when presented with conflicting evidence, credibility determinations are properly left to the jury. See Wheeler v. McKinley Enters., 937 F.2d 1158, 1162 (6th Cir.1991).

Kelmendi and Pitts provided conflicting testimony about how the accident occurred. Because Kelmendi failed to provide any corroborating evidence that would have supported his version of the events, the jury had to decide whom to believe. Here, the jurors chose to accept Pitts’s explanation of the incident, and therefore found that neither Pitts nor GBM was responsible for the collision.

As for Kelmendi’s alleged injuries, he was again unable to substantiate that he had in fact suffered any harm due to the accident. The police report that he introduced at trial indicated that there were no injuries at the scene. He was able to report to work immediately following the accident. The doctor who sutured his wrist from the chain-saw accident that same day had no notes suggesting that Kelmendi had complained of any other injuries. Moreover, Kelmendi admitted that he was already being treated for a variety of physical ailments, had filed a claim for disability fl'om an incident in 1983, and suffered from depression, anxiety, and fatigue. The evidence, therefore, amply supported the jury’s finding that Kelmendi had not suffered any harm attributable to the accident.

B. Evidentiary rulings

The majority of Kelmendi’s challenges involve various evidentiary rulings by the district court.

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7 F. App'x 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelmendi-v-pitts-ca6-2001.