Pinkerton v. Tri-County Metropolitan Service District

125 P.3d 840, 203 Or. App. 525, 2005 Ore. App. LEXIS 1672
CourtCourt of Appeals of Oregon
DecidedDecember 28, 2005
Docket0206-05884; A124359
StatusPublished
Cited by4 cases

This text of 125 P.3d 840 (Pinkerton v. Tri-County Metropolitan Service District) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pinkerton v. Tri-County Metropolitan Service District, 125 P.3d 840, 203 Or. App. 525, 2005 Ore. App. LEXIS 1672 (Or. Ct. App. 2005).

Opinion

BREITHAUPT, J. pro tempore

Defendant appeals a judgment for plaintiff in this personal injury action, raising four assignments of error. Plaintiff contends that all of defendant’s assignments of error are without merit. We reverse.

Defendant’s first three assignments of error implicate the trial court’s handling of evidence related to plaintiff s claim for lost earnings. We need not reach those assignments of error, however, because we find defendant’s fourth assignment of error dispositive. That assignment of error requires us to review the necessity of expert witness testimony on the issue of causation when a plaintiffs medical situation is complicated. In this case, the trial court partially denied defendant’s motion for directed verdict on that issue; therefore, we view the evidence, including attendant inferences, in the light most favorable to the nonmoving party, here plaintiff. Hudjohn v. S&G Machinery Co., 200 Or App 340, 342, 114 P3d 1141 (2005) (citing Mauri v. Smith, 324 Or 476, 479, 929 P2d 307 (1996); Joshi v. Providence Health System, 198 Or App 535, 536, 108 P3d 1195 (2005)).

In early 1999, plaintiff purchased and attempted to operate a bookstore, which turned out not to be as profitable as he desired because, in his opinion, it was in an undesirable location. That spring, plaintiff reported to his physician that he was experiencing popping in his knees, and, by late 1999, plaintiffs knees started to give out and he had trouble walking. After a course of medication and therapy, plaintiffs knees felt better and he was able to walk again. During that period, however, plaintiff was repeatedly hospitalized and ultimately diagnosed with AIDS and a number of AIDS-related ailments, including general aches and pains, back problems, nerve injury, loss of muscle mass, weight loss, foot drop, joint disease, anemia, and pneumonia. In February 2000, plaintiff began a regimen of pain medications to combat the generalized pain associated with those ailments, and by early June he had started taking regular doses of morphine. Those medications treated most of plaintiffs ailments successfully. It was then that plaintiff decided to move his bookstore to a new location. The physical labor involved with that [528]*528move, combined with the effects of plaintiffs illness and medications, left him weak, ill, and in pain.

On June 26, 2000, plaintiff rode a bus operated by defendant. When plaintiff reached his desired location, he informed the driver that he needed to retrieve his bicycle from a rack located on the front of the bus. As he attempted to retrieve his bicycle from the rack, the bus accelerated forward and made contact with the left side of plaintiffs body, spinning him back on his right leg. Plaintiff immediately felt pain and experienced shock as a result of the incident.

Later that day, plaintiff contacted the office of his regular medical provider, James McDonald. McDonald could not immediately see him, so plaintiff reported to the emergency room of an area hospital. While there, a nurse examined plaintiff but found no sign of injury. According to plaintiff, the nurse felt that he “was looking to score off of Tri-Met.” Plaintiff later contacted McDonald again, and McDonald advised plaintiff to take the pain medication he had been prescribed as part of his AIDS-related therapy.

Approximately three weeks after the incident, plaintiff reported to McDonald and complained of a number of ailments, including weakness, pain in his joints, arms, and knees, difficulty with heavy lifting and typing, and emotional stress. McDonald diagnosed most of those ailments, including a “sprained strain” in plaintiffs right knee. A subsequent MRI revealed a meniscal tear in that knee. Plaintiff consulted an orthopedist who opined that plaintiffs knee condition was at least one year old. The orthopedist operated on plaintiffs knee in late August. Afterwards, plaintiff still felt that he had “bad knees” and sought a surgeon who would perform a second operation on his right knee. After a few surgeons refused to do so, plaintiff obtained a second MRI, which again revealed a meniscal tear in the right knee. After a second surgery in April 2001, plaintiff’s complaints of pain in that knee subsided.

At trial, plaintiff claimed that, as a result of the incident, he incurred noneconomic damages as well as economic damages in the form of medical expenses and lost earnings related to his inability to operate his bookstore. Plaintiff did not offer expert testimony as to the cause of any his injuries. [529]*529At the close of plaintiffs case, defendant moved for directed verdict with regard to liability and all damages. The trial court granted defendant’s motion as to plaintiffs medical expenses1 and defendant’s liability for the meniscal tear in plaintiffs right knee, but denied the motion as to defendant’s liability for the “sprained strain” and other injuries, as well as plaintiffs related noneconomic damages and economic damages of lost earnings. Thereafter a jury found defendant liable and awarded plaintiff $20,000 in noneconomic damages and $25,000 in economic damages. This appeal ensued.

On appeal, defendant argues that the “trial court erred in submitting to the jury plaintiffs claim for nonecon-omic damages for personal injuries without expert witness testimony on the issue of causation.” In that regard, defendant alludes to the trial court’s partial denial of defendant’s motion for directed verdict based on plaintiffs lack of expert testimony regarding causation. Before proceeding, however, we must make two points clear. First, although defendant apparently argues only that the lack of expert testimony regarding causation invalidates the award of noneconomic damages, we note that defendant’s challenge inherently extends to the findings of liability and economic damages as well.2 There is no basis in law to conclude that a plaintiffs lack of proof as to causation in the context of the facts of this negligence action would invalidate only some part of plaintiffs damages award, and not the entire judgment. Second, although defendant’s assignment of error would lead one to believe that the trial court had denied defendant’s motion in its entirety, that is not the case. The trial court granted defendant’s motion as to plaintiffs meniscal tear and denied the motion only as to plaintiffs “sprained strain” and other injuries. Thus, when the trial court removed plaintiffs meniscal tear from the jury’s consideration, and the jury subsequently found defendant liable and awarded damages, the [530]*530liability and damages findings must have been based on plaintiffs “sprained strain” and other injuries. If proof of causation as to those injuries required expert testimony, the entire verdict must fall.

In reviewing the denial of a motion for directed verdict based on lack of causation, we are required to reverse only if we determine that no evidence of causation exists in the record. Peery v. Hanley, 135 Or App 162, 165, 897 P2d 1189 (1995); see also Mauri, 324 Or at 479 (on review of a denial of a motion for directed verdict, we review for errors of law). However, in complex medical situations, that evidence must take the form of expert testimony, and a lack of such testimony will constitute a lack of evidence regarding causation. As we recently stated:

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

Related

Robinson v. Tri-County Metropolitan Transportation District
370 P.3d 864 (Court of Appeals of Oregon, 2016)
Spearman v. Progressive Classic Insurance
366 P.3d 839 (Court of Appeals of Oregon, 2016)
Ouma v. Skipton
341 P.3d 124 (Court of Appeals of Oregon, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
125 P.3d 840, 203 Or. App. 525, 2005 Ore. App. LEXIS 1672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinkerton-v-tri-county-metropolitan-service-district-orctapp-2005.