Kevin Bryant v. Robert Lee Rimrodt and Geico General Insurance Company

872 N.W.2d 366, 2015 Iowa Sup. LEXIS 102
CourtSupreme Court of Iowa
DecidedDecember 11, 2015
Docket13–1883
StatusPublished
Cited by21 cases

This text of 872 N.W.2d 366 (Kevin Bryant v. Robert Lee Rimrodt and Geico General Insurance Company) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kevin Bryant v. Robert Lee Rimrodt and Geico General Insurance Company, 872 N.W.2d 366, 2015 Iowa Sup. LEXIS 102 (iowa 2015).

Opinions

WATERMAN, Justice.

In this appeal, we must decide whether the district court should have granted a new trial based on an allegedly inconsistent and inadequate jury verdict in a personal injury action arising from a motor vehicle accident. The jury initially awarded the plaintiff passenger nearly $17,000 in past medical expenses, but zero for pain and suffering. All parties agreed that the verdict was inconsistent, and the jury was instructed to resume deliberations to resolve the inconsistency. The jury then awarded one dollar for pain and suffering but left the rest of the verdict unchanged. The jury was discharged after no party requested further deliberations. The plaintiffs motion for a new trial was denied, and we transferred his appeal to the court of appeals, which affirmed, concluding “the one dollar award remedied the inconsistency, if any” because “[t]he cause and extent of injury were clearly disputed, and [the plaintiff] was not credible.” We granted the plaintiffs application for further review.

On our review, we conclude the plaintiff preserved error through his objections to the verdict and motion for new trial without asking the court to send the jury back for a third round of deliberations to address the inconsistency. We hold that the award of one dollar for pain and suffering was inconsistent with the award of nearly $17,000 for medical expenses incurred for the diagnosis and treatment of pain. That inconsistency requires a new trial. Accordingly, we vacate the decision of the court of appeals, reverse the district court judgment, and remand the ease for a new trial on damages.

[369]*369I. Background Facts and Proceedings.

On the evening of November 15, 2007, Lori Parr test drove a used SUV with Kevin Bryant, a salesperson at a Pat McGrath auto dealership in Cedar Rapids. Bryant directed Parr to drive down Edge-wood Road, so she could experience city driving in the SUV. Parr made an illegal left turn, and the SUV was struck on the passenger side by a car driven by Robert Rimrodt. Bryant hit his head and briefly lost consciousness. Both vehicles were totaled.

Bryant was taken immediately after the accident to the Mercy Medical Center emergency room in Cedar Rapids. The emergency room doctors noted that Bryant reported pain in his lower back, neck, and right leg. The doctors were unable to find any physiological explanation for his complaints. Bryant was prescribed pain medication and discharged the same evening. However, Bryant failed to return to work that month due to his complaints of accident-related pain.

On November 24, Bryant went to the emergency room at Mercy Hospital in Iowa City, complaining of numbness and tingling in his left arm and severe headaches. A doctor examined Bryant but found no. physiological explanation for his reported symptoms. The doctor told Bryant that he could expect to heal from the accident within three to four weeks.

Three days later, Bryant saw his personal physician, Dr. Kirk Gieswein. Bryant described his neck and back pain, headaches, and trouble sleeping. Bryant also complained of intermittent blurred vision. Dr. Gieswein prescribed Maxalt and Nortriptyline for his migraines and to help him sleep. Bryant had several follow-up appointments with Dr. Gieswein, and he continued to complain of headaches. Dr. Gieswein diagnosed Bryant with posttrau-matic headaches.

On December 10, Bryant began seeing a physician chosen by his employer, Dr. Henri Cuddihy, for his neck and low-back pain. Bryant also complained of headaches and blurred vision. Dr. Cuddihy authorized Bryant to return to work with a ten-pound lifting restriction. Bryant resumed working at the' auto déalership on December 12. Dr. Cuddihy eventually removed the lifting restriction and cleared Bryant to work without restrictions. Based on Bryant’s subjective complaints' of back pain, Dr. Cuddihy assigned him a five percent impairment of the wholé person and referred him to an ophthalmologist and a physical therapist. ■

The ophthalmologist, Dr. Jeffery Maas-sen, prescribed bifocals, which Bryant said improved his vision and headaches. Bryant also saw Patrick Cornelius, a physical therapist. Bryant’s goal for the physical therapy was to relieve liis pain. Bryant told Cornelius that he had constant headaches and moderate neck and low-back pain. Cornelius observed Bryant had a limited range of motion in his back and neck. Cornelius designed a home exercise program for Bryant and scheduled appointments for ' two to three times per week. Bryant did- some of the exercises but not as often as suggested. Bryant reported that he improved, but he missed work on January 17 and 18, 2008, due to his complaints of pain. After several months of physical therapy, Bryant exhibited full range of motion in his back and neck.

On February 27, Bryant sought treatment from a chiropractor, Dr. Christine Bowman. During the initial consultation, Bryant reported he had severe neck and low-back pain, numbness in his left leg, and headaches. Dr. Bowman conducted an orthopedic examination and observed a [370]*370restricted range of motion. She diagnosed Bryant with sciatica, degeneration of lumbar disc, degeneration of cervical disc, and pain in.the thoracic spine. Dr. Bowman recommended Bryant continue chiropractic treatments consisting of manual spinal adjustments. Bryant responded well to the treatments initially, but later Dr. Bowman reported his “prognosis is guarded because he is experiencing mixed results.” Bryant said the adjustments helped him manage his pain, and he continued with this treatment throughout the trial.

On November 5, 2009, Bryant filed this lawsuit against Parr1 and Rimrodt, alleging their, negligence caused his personal injuries.2 Parr and Rimrodt countered that Bryant was at fault for directing Parr to make the left turn and conducting a distracting demonstration of the SUV’s features during the test drive. Bryant’s jury trial began July 8, 2013, forty-four months after he filed suit.

Bryant was age fifty-five at trial, and according to his trial testimony, the injuries from the accident over six years earlier permanently harmed his health and altered, his life. He claimed that he did not go to the doctor or use prescription drugs before the accident. Previously, Bryant had played football at the University of Iowa and had continued his active lifestyle after graduating. Bryant had regularly lifted weights, swam, or jogged before the accident: Bryant became curious about chiropractic care after he had a football-related injury to his ankle and was treated by a chiropractor four times. He went twice after his football injury and twice in 2007.

After the accident, Bryant testified he continued to suffer from headaches and pain in his leg, lower back, shoulders, neck, and left hand. His blood pressure rose, and he gained weight. His injuries decreased his ability to perform everyday tasks, such as vacuuming, washing dishes, putting on clothes, or sitting for extended periods. He slept poorly due to difficulty finding a good sleeping position.

Bryant claimed he lost earning capacity because his ability to concentrate diminished after the accident. Bryant said he wanted to change jobs because he feared test drives. Bryant explored a new career selling insurance based on his past experience in that field but gave up because he felt he lacked the concentration needed to complete the testing required for an insurance license.

Defense counsel sought to impeach Bryant on cross-examination in several ways.

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872 N.W.2d 366, 2015 Iowa Sup. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-bryant-v-robert-lee-rimrodt-and-geico-general-insurance-company-iowa-2015.