Peterson v. Langsten

242 N.W. 549, 186 Minn. 101, 1932 Minn. LEXIS 844
CourtSupreme Court of Minnesota
DecidedMay 6, 1932
DocketNo. 28,835.
StatusPublished
Cited by3 cases

This text of 242 N.W. 549 (Peterson v. Langsten) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peterson v. Langsten, 242 N.W. 549, 186 Minn. 101, 1932 Minn. LEXIS 844 (Mich. 1932).

Opinion

Holt, J.

A verdict was directed in favor of defendant, and plaintiff appeals from the order denying a new trial.

The action is to recover for the wrongful death of plaintiff’s wife, Mrs. Peterson, alleged to have been caused by defendant’s so negligently operating’his automobile, in which deceased, her husband, and their two-year old daughter were riding, that the car overturned, bumping and bruising the occupants. Defendant and plaintiff are related. Their parents lived near Echo a short distance west of Redwood Falls. Defendant desired some financial assistance from plaintiff’s father and asked that plaintiff go with him from St. Paul, where both plaintiff and defendant resided. They left St. Paul in defendant’s car after supper on May 10, 1930, and had reached a place near Echo about midnight, when the car overturned, with the result stated. Plaintiff claims the speed was negligently excessive, because of the water-filled ruts in the road at that place. Defendant asserts that neither the speed nor the control of the car but the blow-out of a tire caused the accident. We need not consider defendant’s negligence, for we assume, as did the trial court, that the evidence made that a jury issue. The trial court directed a verdict on the ground that plaintiff’s evidence failed to furnish a reasonable basis for a finding that any wrongful or negligent act of defendant caused the death of Mrs. Peterson; or, in other words, the evidence of causal connection between the injury of May 10, *103 1930, and the death 285 days thereafter, was mere conjecture or guess.

The evidence is that two or three days before the accident the deceased conceived. There was mal-implantation, so that the placenta covered the os of the uterus, forming what in medical parlance is called central placenta praevia. This created a situation of grave danger to both mother and child when the time of delivery should arrive. Either the placenta would have to be broken through before delivery, which might suffocate the child and cause death to the mother from hemorrhage, or else delivery must be by an operation known as the Caesarean section. Plaintiff had only one medical expert, the attending physician, who admitted that the latter method of delivery was the better and safer. On February 18, 1931, the doctor discovered the existence of central placenta praevia, and in' consultation with another doctor it was determined to break through the placenta, using what is termed the Vorhees bag method. This was done the next day, and the result was death for both mother and child. Some women die in childbirth in spite of the efforts of the best medical help. But in cases of central placenta praevia the mortality is very high. Fortunately such cases are of rare occurrence. An autopsy was performed by the doctor. No organic trouble or wound was found except that the right kidney was badly diseased and there was a tear due to the forced delivery.

The mal-implantation resulting in the dangerous central placenta praevia cannot be attributed to the accident of May 10, 1930. The doctor says that no one can tell what causes the implantation in an improper place, and he does not suggest the possibility of the accident having anything to do with creating that condition. Nor does he testify that the diseased kidney is traceable to any injury received on May 10, 1930. However, on cross-examination, the doctor was asked this question:

“It is your professional opinion that this woman would not have died irrespective of a shaking-up occurring some nine months and ten days before, as is in the evidence here?”
*104 His answer was: “I would have reasonable certainty. I would say she might not have died.”

Then the attorney summed up his testimony in this question:

“As I understand your answer to the last question, it was in your opinion to a reasonable certainty, but for the occurrence of May 10, she might not have died. Can you say that, but for that, to a reasonable certainty in your opinion she would not have died, in view of these various authorities you have agreed to?”
To this he answered: “That led up to the condition she was in on the day of delivery? * i;' * Yes. * * To a reasonable certainty.”

Were this the whole of the medical expert’s testimony it might perhaps be for the jury to say whether any injury received in the accident of May 10, 1930, caused or contributed to cause the death of Mrs. Peterson on February 19, 1931. The doctor admits that death was due directly to the hemorrhage; that the hemorrhage Avas intentionally produced in attempting delivery; that it Avas made necessary, because of central placenta praevia, unless the Caesarean section Avas resorted to; that central placenta praevia could not result from the accident, its cause being unknoAvn; and that the diseased kidney could not be attributed to the accident.

We then come to the vague surmise that because from the accident Mrs. Peterson was shaken up and made nervous she could not during the pregnancy keep in the usual healthy condition that would have folloAved if she could have continued in the customary activities of her houseAvork. She had to take to her bed at times and frequently spend part of the days resting. The doctor thinks this AAreakened her system so that she could not stand the loss of the amount of blood she could have stood had she been in her normal health during pregnancy. That this conclusion is based upon pure conjecture Avhen it comes to connecting it with Mrs. Peterson’s death appears when one considers the high mortality in deliveries where there is central placenta praevia. The doctor had assisted in but one case previous to this, and that was fatal to mother and child.

*105 One must also consider the excessive hemorrhage to be expected in the method of delivery here employed. When, where central placenta praevia exists, deliveries prove fatal in more than half of the cases, shall a jury be allowed to guess that an accident which severely shook up the mother at the time of conception and subjected her to some pain or illness during pregnancy was a contributing cause to her death from hemorrhage in this operative delivery, which could not be made without abnormal blood loss? We think not. To permit this would be to let the jury find proximate cause by guess. This appears so from the admission of the doctor that whereas some persons cannot withstand the loss of a pint of blood others may survive the loss of three quarts. The doctor estimates that Mrs. Peterson lost three pints just prior to and during the delivery. There was a post partum hemorrhage, during which she died; but the quantity then lost, he, not being present, does not know, and of course cannot estimate. Aside from this, and virtually demonstrating that the doctor’s opinion above quoted is of no probative value, we have the death certificate made by him after the autopsy thus giving the cause of death:

“Central Placenta Praevia. Duration: 9 months. Contributory (secondary) Post partum Hemorrhage. Did an operation precede death? Yes.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fredrickson v. Arrowhead Co-Operative Creamery Ass'n
277 N.W. 345 (Supreme Court of Minnesota, 1938)
Honer v. Nicholson
268 N.W. 852 (Supreme Court of Minnesota, 1936)
Yates v. Gamble
268 N.W. 670 (Supreme Court of Minnesota, 1936)

Cite This Page — Counsel Stack

Bluebook (online)
242 N.W. 549, 186 Minn. 101, 1932 Minn. LEXIS 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-langsten-minn-1932.