Maurer v. Chyatte

326 S.E.2d 543, 173 Ga. App. 343, 1985 Ga. App. LEXIS 1536
CourtCourt of Appeals of Georgia
DecidedJanuary 25, 1985
Docket69110
StatusPublished
Cited by29 cases

This text of 326 S.E.2d 543 (Maurer v. Chyatte) 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
Maurer v. Chyatte, 326 S.E.2d 543, 173 Ga. App. 343, 1985 Ga. App. LEXIS 1536 (Ga. Ct. App. 1985).

Opinion

Carley, Judge.

The instant case arises from a three-car collision. Appellee-defendant Scott Chyatte was driving a vehicle owned by his mother, appellee-defendant Helen Chyatte. Mr. Chyatte drove his mother’s vehicle into the rear of the preceding car. As a result, this second car struck the rear of the vehicle that appellant-plaintiff was driving. Appellant brought the instant suit against appellees, alleging that she had been physically injured as the result of the collision. The case was submitted to a jury and a verdict for appellees was returned. Appellant’s motion for new trial was denied and she appeals.

1. Appellant enumerates the general grounds. Appellees did not contest the issue of liability for negligence in connection with the causation of the collision itself. They did, however, strongly contest the existence of the requisite causal connection between the collision and the physical injuries that appellant alleged she had sustained therein. We have reviewed the record and find that a verdict based upon the evidence supporting appellees’ defense was not unauthorized. See generally King v. Loyd, 170 Ga. App. 638, 639 (1) (317 SE2d 879) (1984); Hiter v. Shelp, 134 Ga. App. 814 (216 SE2d 666) (1975); Brown v. Nutter, 125 Ga. App. 449 (188 SE2d 133) (1972).

2. Likewise, the issue of whether appellant had suffered a “serious injury” as the result of the collision was correctly submitted to the jury. See generally Dabney v. Ammons, 150 Ga. App. 737 (258 SE2d 551) (1979); Pinkston v. Hagin, 157 Ga. App. 2, 3 (2) (276 SE2d 67) (1981).

3. The giving of the following charge is enumerated as error: “[T]he testimony of a party who offers themselves as a witness in their own behalf is to be construed more strongly against that person when it is contradictory, vague or equivocal, and is not entitled to a finding in their favor if that version of their testimony the most unfavorable to them shows the verdict should be against them.” (Emphasis supplied.)

The above-quoted portion of the trial court’s charge does state two correct and interrelated abstract principles of law. See generally Mattison v. Travelers Indem. Co., 167 Ga. App. 521, 525 (4) (307 *344 SE2d 39) (1983). First, as indicated by the unemphasized portion of the contested charge, the testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him when that testimony is self-contradictory, vague, or equivocal. See White v. Rainwater, 205 Ga. 219, 224 (52 SE2d 838) (1949). However, the correct legal principle that is contained in the emphasized portion of the contested charge has no applicability in a case unless there is no testimony — other than the party’s own vague, contradictory and equivocal testimony — upon which a verdict in his favor might be returned. Ray v. Green, 113 Ga. 920 (39 SE 470) (1901); Clark v. Bandy, 196 Ga. 546, 561 (27 SE2d 17) (1943). See also Western & Atlantic R. Co. v. Evans, 96 Ga. 481 (23 SE 494) (1894); Castile v. Burton, 200 Ga. 877, 882 (2) (38 SE2d 919) (1946); Fowler v. Glover, 105 Ga. App. 216 (123 SE2d 903) (1962); Mattison v. Travelers Indent. Co., supra.

Appellant was not the only witness who testified as to the crucial causation issue. In addition to her own testimony with regard to causation, appellant’s physician was a witness on her behalf. However, appellees contend that the contested charge was nonetheless applicable and properly given in the instant case. According to appellees, the medical testimony that was given by appellant’s physician was insufficient to authorize a finding of the requisite causal connection between the collision and appellant’s physicial condition, and the jury was thus, in effect, left with only appellant’s testimony upon which it could base a finding in her favor as to this issue. Appellees further characterize appellant’s testimony in this regard as having been contradictory, vague and equivocal, and they therefore make the assertion that the contested charge was applicable and properly given.

Because it is the underlying premise of appellees’ assertion regarding the applicability of their requested charge, the asserted evidentiary insufficiency of the testimony of appellant’s physician will be the first issue addressed. Thus, “[ajssuming, but not deciding, that the [appellant’s] testimony was such that it should be construed most strongly against [her],” (Fowler v. Glover, supra at 217), we will initially determine whether appellant may nevertheless have been “entitled to have a jury decide” the causation issue based solely upon the testimony of her physician, in which event the emphasized portion of the charge was not adjusted to the case. Fowler v. Glover, supra at 218.

In cases that involve “issues of causation which, by the nature of the situation, [can] be resolved solely by expert medical evidence standing alone, . . . the evidence must naturally be based at least on reasonable probability. ‘It appears to be well settled that medical testimony as to the possibility of a causal relation between a given accident or injury and the subsequent death or impaired physical or *345 mental condition of the person injured is not sufficient, standing alone, to establish such relation.’ [Cit.]” (Emphasis deleted.) Nat. Dairy Prods. Corp. v. Durham, 115 Ga. App. 420, 422-423 (154 SE2d 752) (1967). The essence of the testimony given by appellant’s physician was as follows: Although only a post-mortem examination would constitute conclusive proof, the symptoms that appellant exhibited would “only arise from damage to the spinal canal and spinal cord”; appellant had no pre-existing condition to account for these symptoms, all diseases had been “effectively ruled . . . out,” and the “most plausible explanation was that [appellant’s condition] was somehow related to scar tissue that had developed within the spinal cord”; sitting in an automobile that had been struck from the rear afforded “a reasonable description as to how injuries of this type occur” and, disease having been eliminated, “the most probable cause of [appellant’s condition] was the accident.” (Emphasis supplied.) It was the conclusion of the physician that the damage that he suspected existed in appellant’s “spinal cord was related to the accident which [appellant] incurred previously.”

This medical testimony, standing alone, would be more than sufficient to demonstrate at least a “reasonable probability” of a causal connection between the collision and appellant’s physical condition and it would consequently authorize a finding for appellant as to this issue. It necessarily follows that appellant was not the “sole” witness as to the causation issue. Thus, even assuming that appellant’s own testimony was contradictory, vague and equivocal, the emphasized portion of the charge was erroneously given in the instant case.

Appellees lastly contend that giving the erroneous instruction was harmless error.

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Bluebook (online)
326 S.E.2d 543, 173 Ga. App. 343, 1985 Ga. App. LEXIS 1536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maurer-v-chyatte-gactapp-1985.