Lorrene Woods v. Shawn Heath

CourtCourt of Appeals of Georgia
DecidedJune 21, 2024
DocketA24A0161
StatusPublished

This text of Lorrene Woods v. Shawn Heath (Lorrene Woods v. Shawn Heath) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lorrene Woods v. Shawn Heath, (Ga. Ct. App. 2024).

Opinion

FIRST DIVISION BARNES, P. J., GOBEIL and PIPKIN, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

June 21, 2024

In the Court of Appeals of Georgia A24A0161. WOODS v. HEATH.

GOBEIL, Judge.

After Lorrene Woods rear-ended the vehicle Shawn Heath was driving, Heath

filed suit. The case proceeded to a jury trial, and the jury awarded Heath $2,000,000

in damages. Woods filed a motion for new trial, which the court denied. The trial

court also entered an order granting Heath’s motion for OCGA § 9-11-68 attorney

fees and litigation expenses. On appeal, Woods contends the trial court erred by

permitting Heath’s counsel to inform the jury that Woods had liability insurance

coverage. Woods also argues that the trial court’s grant of Heath’s motion for fees and

expenses was erroneous because the order was issued after she had filed her notice of

appeal. For the reasons explained more fully below, we reverse the judgment, vacate the attorney fee award under OCGA § 9-11-68, and remand for a new trial.

“(T)his Court reviews the judgment entered by the trial court after approval

of a jury verdict upon the any evidence test, absent any material error of law.

Additionally, when a question of law is at issue, we owe no deference to the trial

court’s ruling and apply a de novo standard of review.” Howland v. Wadsworth, 324

Ga. App. 175, 176-177 (749 SE2d 762) (2013) (citations and punctuation omitted).

So viewed, the record shows that on the afternoon of Wednesday, July 11, 2018,

Heath was driving on Interstate 16 near Savannah, heading home from his job as a

painter. As he approached Chatham Parkway, traffic stopped, and he hit his brakes

and came to a stop. Woods was unable to stop in time and hit Heath’s truck from

behind. Although Woods felt “very shaky” immediately after the collision, he did not

report any pain at the crash scene, and he was able to work the Thursday and Friday

immediately following the accident. Over the weekend however, he noticed pain in his

lower back, and he sought medical treatment the following Monday. Prior to this

emergency room visit, Woods had never before sought treatment for lower back pain.

He was diagnosed with a muscle/lumbar strain and advised to seek follow-up

treatment at Curtis Cooper Clinic as needed. Heath did not go to this clinic, but

instead sought treatment with a chiropractor at Dynamic Spine & Rehab

2 (“Dynamic”). Heath testified that the treatment he received at Dynamic did not

improve his condition.

On July 30, 2018, Heath had an MRI, and the scan showed extensive, pre-

existing spinal degeneration. He saw another chiropractor at Ortho Sport & Spine

(“Ortho”) in 2019. In September 2020, Heath had a second MRI, which showed a

significant worsening of his condition, including additional herniated discs in his

lumbar spine. A March 2021 MRI showed serious deterioration of his lumbar spine,

and he underwent lumbar spinal fusion surgery in May 2021.

In November 2019, Heath filed a personal injury action against Woods, raising

claims for negligence and negligence per se and seeking general and special damages,

including damages for past and future medical expenses and lost income. Prior to trial,

Woods filed a motion in limine seeking, in relevant part, to exclude references to the

existence of liability insurance or coverage, arguing that “[a]ny reference or inference

by counsel or witnesses regarding insurance increases the danger of prejudicially

impressing upon the jurors the fact that [Woods] has or may have had liability

insurance.” Noting that Heath did not object, the trial court granted Woods’s motion

in limine.1

1 Heath also filed motions in limine seeking to exclude, in relevant part, evidence that Heath’s medical treatment (aside from his emergency department 3 In a consolidated pretrial order, Heath noted that he was seeking $852,727.02

in past and future medical expenses. In her portion of the pretrial order, Woods

“acknowledge[d] responsibility for the collision,” but contended that Heath’s

“current complaints and medical problems are due to pre-existing and unrelated

conditions and are not the result of the minor accident of July 11, 2018.” At trial, the

jury heard testimony from Heath, as well as from several physicians who opined as to

his medical treatment and condition. Heath could not recall if his physicians informed

him about whether his spinal bulges and herniations were related to the July 2018

accident. When Woods took the stand, she admitted that she was involved in a

collision with Heath’s vehicle after traffic slowed ahead of her and she was unable to

stop in time.

During closing argument, Woods’s counsel conceded that Woods was not

contesting liability for the car accident. However, counsel then highlighted the July

30, 2018 MRI that showed broad based disc bulging, but did not show herniation. In

contrast, two years later, Heath’s MRI showed herniations in the lumbar spine, which

treatment) was provided on a lien basis, such that the physicians would receive payment only in the event that Heath recovered damages. Woods objected, arguing that the payment arrangement was highly relevant to attack the credibility of Heath’s treating physicians based on their financial interest in the outcome of the case. The trial court denied Heath’s motion as to this ground, and noted that evidence of the fee structure was “relevant to the issues of credibility, potential bias[,] and causation.” 4 Woods’ counsel described as “entirely consistent with regression of degenerative

conditions in the spine.” He posed the issue before the jury as follows: “Is there proof

from the evidence you’ve heard, that the motor vehicle accident[ ] has caused any

herniation in Mr. Heath’s spine?” Defense counsel set out the evidence that he

contended proved Heath’s condition was degenerative and unrelated to the accident,

and argued:

The ER doctor didn’t send [Heath] to the chiropractor. He went there. He says it was no help, but asking you to make Ms. Woods pay for it. . . . [E]ven those injections they did, all of those things, what did he say about that in his testimony? No help. I still want you to make Ms. Woods pay for it. The future surgeries, they’ve got tremendous future costs. They’re asking you to award against Ms. Woods. You have to decide for yourself, is it going to happen, is it necessary, is it related to this accident[ ]? And that’s what you have to decide about every medical bill in this case . . . .

Heath’s counsel did not object to these statements during closing argument, but after

Woods’s counsel had concluded his argument, the parties convened a bench

conference. Heath’s counsel argued that Woods had opened the door to evidence of

liability insurance coverage to counter the representation that Woods “is going to be

responsible for any judgment paid in this case[.]” He continued: “by interjecting that

Ms. Woods would be personally responsible, that misleads the jury, and it improperly

5 suggests to them that Ms. Woods would be personally responsible for any burden,

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