Kramer v. Henely

288 N.W. 610, 227 Iowa 504
CourtSupreme Court of Iowa
DecidedNovember 21, 1939
DocketNo. 44925.
StatusPublished
Cited by2 cases

This text of 288 N.W. 610 (Kramer v. Henely) 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
Kramer v. Henely, 288 N.W. 610, 227 Iowa 504 (iowa 1939).

Opinion

Stiger, J.

In August, 1936, plaintiff was engaged in truck farming on his 160-acre farm near Northwood, Iowa, marketing the produce in various cities in Iowa. Alvin Toombs was an employee of plaintiff. About 9 o’clock on the evening of August 13, 1936, plaintiff and Toombs left the farm for Des Moines with a load of cabbage. About 2 o’clock the next morning when they were driving west on primary road No. 20, the left rear tire of the truck was punctured and they stopped to change tires. While they were so engaged, an automobile driven by defendant Randall Henely, and owned by defendant A. J. Henely, approaching from the east, struck the rear of plaintiff’s truck causing the injuries to plaintiff and his property for which he seeks damages.

*506 I. Plaintiff offered in evidence three X-ray pictures, or skiagraphs, taken by Dr. J. R. Shaffer, identified as Exhibits A, B, and C. Dr. Shaffer, a witness for plaintiff, is an osteopathic physician and surgeon of Mason City. He graduated from Des Moines Still School of Osteopathy and later taught in that school for 4 years. He practiced his profession in Des Moines for 4 years and at the time of the trial had charge of the surgery and X-ray department in the North Iowa General Hospital at Mason City.

Appellants objected to exhibits because no proper foundation was laid and they were incompetent and immaterial. Appellants’ first proposition is that the court erred in overruling their objections to the exhibits.

Dr. Shaffer, in identifying the exhibits, stated they were pictures of Mr. Kramer which he took at the hospital on October 15, 1938.

Appellants present their contention on this issue in the following language:

“There was absolutely no qualification laid that the said exhibits correctly and accurately represented ,the condition of plaintiff’s back or spine within the scope of the pictures at the time the photographs were taken. Dr. Shaffer nowhere said that such pictures correctly reflected the condition of specific portions of the plaintiff’s body. No foundation was laid connecting the plaintiff’s condition as of the time the photographs were taken with his condition following the accident.”

It is self-evident that the physician could not state that the pictures were true representations of the objects beneath the surface of the body they purported to portray. X-ray photographs are generally recognized as scientific, trustworthy representations. Dr. Shaffer, who was experienced and skilled in the use of X-ray instruments, took the pictures, explained the position of the patient when the pictures were taken and his testimony clearly shows what portions of the body of the plaintiff are represented by the skiagraphs.

"We are of the opinion that there was sufficient foundation for the introduction of the pictures. Prior to making the skia-graphs, Dr. Shaffer made a physical examination of Kramer and testified in detail to the conditions he found in his back, spine and abdomen. The exhibits were then introduced. The witness *507 then explained to tbe jury bow the exhibits were taken and pointed out on the exhibits and explained the conditions he found on his personal examination of the patient. -The exhibits were principally used as illustrative of the oral testimony of the physician. Whether a proper foundation was laid for the introduction of the exhibits was largely in the discretion of the trial court. See Ingebretsen v. M. & St. L. R. Co., 176 Iowa 74, 155 N. W. 327; Wosoba v. Kenyon, 215 Iowa 226, 243 N. W. 569; State v. Matheson, 130 Iowa, page 440, 103 N. W. 137, 114 Am. St. Rep. 427, 8 Ann. Cas. 430.

In Kimball v. Northern Electric Co., 159 Cal. 225, 113 P. 156, 159, which is quoted with approval in the case of Ingebretsen v. M. & St. L. R. Co., supra [176 Iowa 74, 85], it is stated:

“ ‘The witnesses were qualified surgeons. It is well known that the X-ray is almost universally understood and used by surgeons of the present day in examining injuries. Doubtless the court required less preliminary proof from such witnesses than would have been exacted from laymen. * ® * When, therefore, they testified to taking certain X-ray pictures, or rather the making of plates, the court doubtless assumed that the ordinary methods of those familiar with such matters had been followed.’ ”

The admission of the exhibits was well within the discretion of the trial court.

There is no merit in appellants’ claim that plaintiff did not connect his condition at the time the pictures were taken with his condition following the accident. The transcript discloses evidence that the injuries and conditions shown by the exhibits and the testimony of Dr. Shaffer had their origin in the accident.

II. Another error relied on for reversal is that the court erred in giving instruction No. 11, the material part of which reads:

“He also asks the further sum of $2,000 for future and anticipated medical expenses and hospital bills which he claims he will have to incur because of his injuries; and if you find him entitled to anything on this item, you should allow him such an amount, and such an amount only, as the evidence shows to a reasonable certainty he will reasonably and properly incur in the future for such medical services, reduced to its present worth.”

*508 Appellants claim there was no competent evidence to support the instruction which permitted the jury to enter the field of speculation and conjecture and return an excessive verdict. We do not agree with appellants. The plaintiff, in his petition, asked for damages in the sum of $2,000 for future nurse, medical and hospital bills. His evidence shows that he received severe, permanent injuries to his back and spine and suffered intense pain. After the collision, the truck was 100 feet north of the place it was struck by appellants’ automobile. The following appears from plaintiff’s evidence:

Plaintiff was dragged west under the truck about 30 feet. After the accident he was taken to the town of Williams where his chest, back and face were bandaged and taped. His face was “full of gravel.” He was then taken to the hospital in Iowa Falls where he was re-taped and given lockjaw treatment.

Mrs. Kramer testified “after the accident I found him in the hospital in Iowa Falls; he looked terrible — all bandaged up. I had to get him new clothes to take him home, every piece of clothes was torn to pieces; one shoe was lost.”

Plaintiff testified with reference to his condition at the hospital as follows:

“I was miserable with pain whenever the doctor touched me. I was cut and bruised all. over. ’ ’

Plaintiff was taken to his home where he stayed in bed several weeks. He continued to suffer pain in his chest and back of his neck. Two hernias are the result of the accident. Because of the hernias and other injuries received, plaintiff testified :

“They keep me from sleeping at night and I can’t walk in the daytime. I can’t sit down decent in a chair and I can’t stand up and I can’t walk; it doesn’t make any difference what I do or in what position I am in it bothers me always.

“I have not done any work since the injury.

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Bluebook (online)
288 N.W. 610, 227 Iowa 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kramer-v-henely-iowa-1939.