Knapp v. Wilkins

786 So. 2d 457, 2000 WL 1273670
CourtSupreme Court of Alabama
DecidedNovember 22, 2000
Docket1981139
StatusPublished
Cited by15 cases

This text of 786 So. 2d 457 (Knapp v. Wilkins) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knapp v. Wilkins, 786 So. 2d 457, 2000 WL 1273670 (Ala. 2000).

Opinion

786 So.2d 457 (2000)

Karin Jackie KNAPP
v.
Jason Barclay WILKINS.

1981139.

Supreme Court of Alabama.

September 8, 2000.
As Modified on Denial of Rehearing November 22, 2000.

*458 Joseph J. Boswell, Mobile, for appellant.

Charles J. Potts of Janecky Newell, P.C., Mobile, for appellee.

JOHNSTONE, Justice.

The plaintiff appeals from a judgment and other rulings in favor of the defendant in a tort action arising from a motorvehicle collision. Karin Jackie Knapp ("the plaintiff") sued Jason Barclay Wilkins ("the defendant") and John Wilkins for damages for injuries she sustained. The parties joined in a motion, which the trial court granted, to dismiss the plaintiff's claims against John Wilkins (but not Jason Wilkins). Thereafter, a jury tried the plaintiffs claims against the defendant Jason Wilkins and returned a verdict in favor of the defendant.

The plaintiff appeals to this Court on three grounds: 1) the trial court erred in refusing to allow the chiropractor who treated the plaintiff to state his opinion of the cause of the plaintiffs injuries; 2) the trial court erred in refusing to allow the plaintiff to call as an adverse witness Shafawnia Silvers, the defendant's girlfriend at the time of the accident; and 3) the trial court erred in refusing to ask, and in refusing to allow the plaintiff to ask, on voir dire whether the veniremembers who had insurance policies with the defendant's insurance company would be partial to the defendant because of the veniremembers' connections with the insurance company. The only issue addressed in this opinion is whether the trial court erred in refusing to allow the treating chiropractor to testify to the cause of the plaintiffs injuries. Our reversing the judgment of the trial court on this issue pretermits any discussion of the other issues raised by the plaintiff.

During the plaintiffs case-in-chief, plaintiffs counsel presented portions of the deposition testimony of the treating chiropractor, Dr. Robert Hutchins. Dr. Hutchins studied chiropractic at St. Louis *459 Community College and Logan College of Chiropractic. By the time he treated the plaintiff, Dr. Hutchins had practiced for 10 years as a licensed chiropractor. He had never treated the plaintiff before July 28, 1996, when she first sought his care for injuries she had sustained in this motorvehicle collision a week earlier, on July 21, 1996. (R. 138.) Dr. Hutchins "did a chiropractic, orthopaedic, and neurological examination of her injuries and concluded that she had sustained several soft tissue and other injuries." (R. 139.) During his treatment of the plaintiff, Dr. Hutchins referred her to Dr. White and Dr. Fleet, neurologists, and to Dr. Morgan, an orthodontist. Dr. Hutchins himself treated the plaintiff a total of 91 times. (R. 145.)

The plaintiff tried repeatedly and unsuccessfully to introduce Dr. Hutchins's deposition testimony on the cause of the injuries he had found and treated in the plaintiff. The pertinent questions, answers, objections, proffers, and rulings follow:

"[Plaintiff's counsel]: Do you have a summary of your records there that you can tell us—Let me ask you this before we get into all of that. Do you have an opinion, Doctor, based on your background, training, and experience, and based on the history you took from Ms. Knapp, and based on your examination of Ms. Knapp, and your personal examination of Ms. Knapp, do you have an opinion as to whether or not the conditions for which you commenced treating her were caused by injuries she sustained in an accident on July 21, 1996? "[Defense counsel]: Judge, at this point we interject an objection as to the form of the question, also as to the qualifications of this individual to render such opinions. He's a chiropractor, he's not a medical doctor.
"The Court: I sustain the objection.
"[Plaintiff's counsel]: Judge, may I be heard for the record?
"The Court: Certainly.
"[Plaintiff's counsel]: I'm not asking for a medical opinion. I'm asking him does he have an opinion whether his chiropractic treatment he was rendering to her was the result—was treatment for injuries sustained in the accident.
"The Court: And I still sustain the objection.
"[Plaintiff's counsel]: Go over to line ten on page thirteen.
"[Plaintiff's counsel] [Reading from the witness's deposition]: `I think I've covered this already, Doctor, but we're going to be using your deposition probably if this case goes to trial. You just testified as to all of the findings that you personally made, is that right?'
"[Dr. Hutchins]: `That's right.'
"[Plaintiff's counsel]: `Do you have an opinion as to whether all of those things that you testified, just testified about, were caused by injures she sustained in the subject accident?'
"[Defense counsel]: And again, Your Honor, we voiced an objection in the deposition as to the form of the question, as to the qualifications, and as well as lack of foundation.
"The Court: And again, I would sustain it.
"[Plaintiff's counsel]: May I state for the record again, Your Honor, that I am not asking him for any medical opinion. I'm asking him—
"The Court: Yes, sir. You're asking him for a chiropractic opinion. I understand that.
"[Plaintiff's counsel]: Yes, sir.
"The Court: There's been no predicate laid as to whether or not he's competent to give such an opinion and secondly, I *460 don't know that a chiropractor is qualified to say if the injuries for which he is treating somebody were caused by a certain event or episode. So, the objection is sustained.
"[Plaintiff's counsel]: Your Honor, with that being made, I respectfully ask leave of the Court to state my position on this in response to Your Honor, because I have no further questions. If you're not going to let me ask the chiropractor about the treatment he gave her—
"The Court: You can ask him about the treatment, but you cannot ask him, Mr. Boswell—You've been practicing law longer than I have.
"[Plaintiff's counsel]: Yes, sir.
"The Court: Whether or not, you know, those injuries resulted from a particular episode. And I'm not going to argue with you. Yes, sir, you can put it on the record.
"Members of the jury, would you step back there in the jury room for a minute.
"The Court: Okay. Let the record reflect that the jury has been excused and, Mr. Boswell, go ahead.
"[Plaintiff's counsel]: Thank you, Your Honor. Your Honor, I want to state for the record that it's in the record that he—what his educational background is and the education to be a chiropractor, that he is a licensed chiropractor in the State of Alabama, that he has been practicing in that profession in the State of Alabama for the number of years that he said, that he undertook to examine Mrs. Knapp in his capacity as a chiropractor, that he undertook to perform further chiropractic medication or chiropractic attention to her in his skills as chiropractor.

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Bluebook (online)
786 So. 2d 457, 2000 WL 1273670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knapp-v-wilkins-ala-2000.