Rud v. Flood

385 N.W.2d 357, 1986 Minn. App. LEXIS 4240
CourtCourt of Appeals of Minnesota
DecidedApril 15, 1986
DocketC8-85-1724
StatusPublished
Cited by10 cases

This text of 385 N.W.2d 357 (Rud v. Flood) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rud v. Flood, 385 N.W.2d 357, 1986 Minn. App. LEXIS 4240 (Mich. Ct. App. 1986).

Opinions

OPINION

LESLIE, Judge.

Olga Rud commenced this action against Raymond Flood to recover damages for injuries sustained as a result of an automobile collision. Flood admitted fault and the sole issue for the jury was the extent of damages sustained by Rud. Rud appeals from the jury’s special verdict finding that she did not sustain a permanent injury. She also challenges the jury’s award of damages. We affirm.

FACTS

While stopped in her car on the shoulder of Crosstown Highway 62 on December 9, 1982, appellant Olga Rud was struck from behind by an automobile driven by respondent Raymond Flood. Respondent admitted fault.

As a result of the collision, appellant was rendered unconscious and was taken by ambulance to the emergency room at Fair-view-Southdale Hospital. She remained in the hospital for approximately five days, during which time she suffered pain in her neck, upper back, and right shoulder. Dr. Jose Abullarade, appellant’s family physician, examined and diagnosed her condition as a severe strain of the cervical and thoracic spine. He observed muscle spasms [359]*359and a contusion on the right shoulder and began treatment consisting of analgesics, hot packs, and bed rest. He prescribed a cervical collar, which appellant wore for three months following her release from the hospital.

At the time of the accident, appellant was eighteen years old and in excellent health, with no history of prior neck or back problems. As a result of her injuries, she was unable to work regularly at her job from December 9, 1982 through February 1983. For eight months following the accident, appellant made numerous visits to Dr. Abullarde for treatment of pain and discomfort in her neck and lower back. He told her to continue with her previously prescribed course of treatment and to be as active as her pain would allow. Dr. Abul-larde testified at trial that appellant’s injuries were permanent.

On August 24, 1983, appellant sought treatment from Dr. William Ashford, a licensed doctor of chiropractic at the Ash-ford-Wildenauer Chiropractic Clinic in Columbia Heights. Dr. Ashford diagnosed cervical cranial syndrome and cervical, thoracic, and lumbar myofascial syndrome. Appellant’s treatment, which consisted of electrical muscle stimulation and ultrasound treatments, continued on a regular basis through September 20, 1984. She was also told to use cold packs and a special cervical pillow. Dr. Ashford testified that appellant had sustained permanent impairment to the spine and supporting soft tissue structures.

Appellant continued to suffer from head, neck, and back pain. On October 16, 1983, she entered the emergency room at Unity Hospital in Fridley. The attending physician diagnosed cervical muscle spasms and prescribed heat treatments and an analgesic.

On October 1, 1984, appellant sought help from Dr. Jack E. Hubbard, a board-certified neurologist with the Minneapolis Clinic of Psychiatry and Neurology. Dr. Hubbard testified at trial that appellant was suffering from musculoligamentous strain to the cervical region and that the injuries were permanent. Dr. Hubbard prescribed a transcutaneous electrical neu-rostimulator unit, analgesics, a physical therapy program, and a home traction unit. Appellant presently remains under his care.

At trial, appellant introduced testimony from lay witnesses that appellant’s work endurance and physical abilities had been significantly diminished since her accident. Appellant also introduced evidence of medical expenses totaling $5,388.20.

By special verdict, the jury determined that appellant did not sustain a permanent injury as a result of the accident and did not sustain a disability for sixty days or more. The jury awarded appellant $1,170.95 for medical expenses and $1,000 for general damages. By operation of Minn.Stat. § 65B.51, subd. 3 (1984), she failed to meet the threshold requirements and therefore recovered nothing. The trial court entered an order for judgment and denied appellant’s motion for a new trial.

ISSUES

1. Was there sufficient evidence to support the jury’s finding that there was no permanent injury?

2. Do the damages awarded demonstrate speculation, conjecture, and prejudice by the jury?

ANALYSIS

1. The scope of review of a trial court’s denial of a motion for new trial is narrow.

[T]he question of whether a verdict is adequate must be addressed in the first instance to the sound discretion of the trial court, and its action shall be reversed on appeal only if an abuse of discretion can be demonstrated.

Williamson v. Furch, 304 Minn. 558, 558-59, 229 N.W.2d 39, 40 (1975). An answer to a special verdict question will be set aside only if “perverse and palpably contrary to the evidence, or where the evidence is so clear as to leave no room for differences among reasonable persons.” Olson v. Havir Manufacturing Company [360]*360of St. Paul, 357 N.W.2d 136, 138 (Minn.Ct.App.1984).

Non-economic loss is recoverable under our No-Fault Act only if the injured party satisfies one of the tort thresholds of Minn. Stat. § 65B.51, subd. 3 (1984). The tort thresholds include permanent disfigurement, permanent injury, death, or disability for sixty days or more. Minn.Stat. § 65B.51, subd. 3(b). Appellant argues that she met the burden of proof by introducing uncontradicted medical proof from all three treating doctors that her injuries were permanent.

Appellant relies on Williamson, 304 Minn. 558, 229 N.W.2d 39. In that case, the plaintiff claimed injuries to his head, neck, shoulder, spine, and back as a result of a car accident. Numerous treating physicians either testified as witnesses for the plaintiff or submitted medical records. The trial court directed a verdict for the plaintiff on the issue of liability and submitted the question of damages to the jury. The jury awarded no damages to the plaintiff. The Minnesota Supreme Court held that because there was no conflicting medical evidence regarding causation, a verdict of no damages could not be sustained. Id. at 559, 229 N.W.2d at 40.

We reject appellant’s contention that the jury in the present case was bound to accept the experts’ testimony. There is no requirement that defendants in a personal injury action introduce their own medical experts to refute the claim of injury if this can be accomplished by cross-examination of the experts and by reference to the medical records. In Krueger v. Knutson, 261 Minn. 144, 111 N.W.2d 526 (1961), the plaintiff similarly argued that testimony by the only medical expert regarding the injuries sustained was conclusive on the jury because the defense offered no opposing medical testimony. Id. at 158-59, 111 N.W.2d 526, 536 (1961). The supreme court disagreed, reasoning as follows:

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Rud v. Flood
385 N.W.2d 357 (Court of Appeals of Minnesota, 1986)

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Bluebook (online)
385 N.W.2d 357, 1986 Minn. App. LEXIS 4240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rud-v-flood-minnctapp-1986.