Lee v. Regan

267 S.E.2d 909, 47 N.C. App. 544, 1980 N.C. App. LEXIS 3157
CourtCourt of Appeals of North Carolina
DecidedJuly 15, 1980
Docket7914SC1087
StatusPublished
Cited by9 cases

This text of 267 S.E.2d 909 (Lee v. Regan) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Regan, 267 S.E.2d 909, 47 N.C. App. 544, 1980 N.C. App. LEXIS 3157 (N.C. Ct. App. 1980).

Opinion

VAUGHN, Judge.

Defendant has brought forward eight arguments on appeal. All eight address one issue, the evidence and proof of damages, particularly the evidence and proof of damages relating to the preexisting syringomyelia. Our State recognizes the “special sensitivity” or “thin skull” rule. According to this rule, a negligent defendant is subject to liability for harm to the plaintiff although a physical condition of plaintiff which is neither known nor should be known to defendant makes the injury greater than that which defendant as a reasonable man should have foreseen as a probable result of his conduct. Restatement of Torts 2d § 461 (1965). As stated by our Supreme Court.

[t]he general rule is that if the defendant’s act would not have resulted in any injury to an ordinary person, he is not liable for harmful consequences to one of peculiar susceptibility, except insofar as he was on notice of the existence of such susceptibility, but if his misconduct amounts to a breach of duty to a person of ordinary susceptibility, he is liable for all damages suffered by plaintiff notwithstanding the fact these damages are unusually extensive because of peculiar susceptibility.

Lockwood v. McCaskill, 262 N.C. 663, 670, 138 S.E. 2d 541, 546 (1964). This case is but an application of this rule to a case where a preexisting condition has been aggravated. Plaintiff has presented competent medical evidence that his preexisting syrin-gomyelia was aggravated by the collision which resulted from the negligence of defendant. Defendant is liable for the damages due to enhancement or aggravation of the condition.

An injured person is entitled to recover all damages proximately caused by the defendant’s negligence. Even *551 so, when his injuries are aggravated or activated by a preexisting physical or mental condition, defendant is liable only to the extent that his wrongful act proximately and naturally aggravated or activated plaintiffs condition. “The defendant is not liable for damages ... attributable solely to the original condition.”

Potts v. Howser, 274 N.C. 49, 54, 161 S.E. 2d 737, 742 (1968). We now deal with the separate arguments of defendant addressed to this general principle of liability for the resulting damages.

Defendant questions evidence of certain medical bills and expenses which plaintiff incurred. Over his objection, the trial court admitted testimony about a $1,511.06 bill for hospitalization in August 1976 and clinic treatment costs related to this hospitalization of $740.00 to his doctors and $57.00 to urologists. Defendant contends no competent medical testimony or evidence was presented by plaintiff to show that those medical bills were for treatment of injuries suffered as a result of defendant’s negligence. Such evidence relating the damages to the injury caused by the defendant is required. Ward v. Wentz, 20 N.C. App. 229, 201 S.E. 2d 194 (1973); Graves v. Harrington, 6 N.C. App. 717, 171 S.E. 2d 218 (1969). Defendant points to the testimony of Dr. Weng where in discussing the August 1976 hospitalization he said, “the reason for the hospitalization in August of 1976 ... had nothing to do with the cervical sprain he received in the accident and this was to establish whether he did or did not have syringomyelia and that was the sole purpose of that hospitalization.” This does not indicate as defendant contends that these medical costs are not damages for which defendant was liable. Plaintiffs case was based on damages which arose from the accident in two forms — a cervical sprain and aggravation of his syringomyelia. Thus, hospitalization costs in August 1976 following the accident to determine whether plaintiff indeed had syringomyelia were competent evidence of plaintiffs damages resulting from the accident.

Defendant contends the trial court committed error in permitting plaintiff s evidence of why plaintiff and his wife stopped teaching, of bladder problems, of salary since the 1976 accident, of days missed from his teaching job and of pain and suffering *552 and mental anguish since the 1976 accident. He contends there is no causal connection between this testimony and the injuries suffered in the 1976 collision and that these items are in effect items of special damages not specifically pled by plaintiff as required by our Rules of Civil Procedure. G.S. 1A-1, Rule 9(g). The objected to evidence is directly related to the worsening syringomyelia for which defendant is liable to the extent his negligent conduct aggravated the preexisting condition. Potts v. Howser, supra; Howell v. Nichols, 22 N.C. App. 741, 207 S.E. 2d 768, cert. den., 286 N.C. 211, 209 S.E. 2d 316 (1974). The expert testimony on causation of Dr. Weng and Dr. Price, is in conflict. The testimony presented a jury question and, if the jury chose to take Dr. Weng’s opinion on the relationship of the worsened state of plaintiffs preexisting degenerative disease to the 1976 accident over that of Dr. Price, this evidence is causally related to the 1976 accident. According to Dr. Weng,

If a patient has syringomyelia in the area where the cord is swollen up in its sheath, it will increase pressure and it will cause further extension of the canal. It will be like increasing a jet of water on the river bank and it will wash away more of the soil of the river bank and so the whiplash injury can or could aggravate the problem. It may hasten the development of fresh-worsening of neurological signs.

He went on to say that the accident could have aggravated the syringomyelia. His testimony to this effect is not too speculative as defendant contends. The doctor also testified that the collision could or might have caused a permanent cervical sprain. The evidence objected to is lay testimony supported by competent expert testimony tending to prove damages resulting from the accident. We find no merit to defendant’s contention that these damages were not adequately pled by plaintiff. Plaintiff alleged that he “suffered extensive injuries, great pain of the body and mind, was prevented from transacting his business and incurred expenses for medical attention, hospitalization and damages to his person in an amount not yet determined.” A subsequent amendment alleged damages to be $75,000.00. This is sufficient specific pleading under our Rules of Civil Procedure of these damages for which proof was offered. See also Sparks v. Holland, 209 N.C. 705, 184 S.E. 552 (1936).

*553 Defendant contends the hypothetical question to Dr. Weng contained facts not supported by competent evidence and that the opinion of Dr. Weng was based on speculation about medical possiblility as opposed to reasonable certainty or probability. The hypothetical question was acceptable in that it included only facts in evidence or which the jury might logically infer from the evidence. Thompson v. Lockhert, 34 N.C. App. 1, 237 S.E. 2d 259, cert. den., 293 N.C. 593, 239 S.E. 2d 264 (1977). The response of Dr. Weng was not so speculative as to be inadmissible as competent evidence of causation. The case at hand is factually distinguishable from Garland v. Shull, 41 N.C. App. 143, 254 S.E. 2d 221 (1979) which is relied upon by defendant.

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Bluebook (online)
267 S.E.2d 909, 47 N.C. App. 544, 1980 N.C. App. LEXIS 3157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-regan-ncctapp-1980.