Sleeth v. Louvar

659 N.W.2d 210, 2003 Iowa Sup. LEXIS 58, 2003 WL 1732796
CourtSupreme Court of Iowa
DecidedApril 2, 2003
Docket01-1315
StatusPublished
Cited by13 cases

This text of 659 N.W.2d 210 (Sleeth v. Louvar) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sleeth v. Louvar, 659 N.W.2d 210, 2003 Iowa Sup. LEXIS 58, 2003 WL 1732796 (iowa 2003).

Opinions

LARSON, Justice.

We granted plaintiff Dena Sleeth’s application for further review of a court of appeals decision regarding submission of an “aggravation” instruction in her personal-injury action. The plaintiff claims the district court’s decision to give an aggravation instruction due to her preexisting arthritis conflicts with our decision in Waits v. United Fire & Casualty Co., 572 N.W.2d 565 (Iowa 1997), and earlier cases. We vacate the decision, of the court of appeals, reverse the judgment of the district court, and remand for a new trial.

I. Facts and Prior Proceedings.

Dena Sleeth was injured on April 1, 1998, when the defendant, Tony Louvar, ran a stop sign and hit her vehicle. Lou-var admits his negligence. Sleeth had pain in her knees immediately after the accident and went to St. Luke’s Hospital in Cedar Rapids for an examination. X-rays of her knees did not disclose any abnormalities.

Pain from her injury persisted, and on June 10, 1998, her physician referred her to an orthopedic surgeon, Dr. John Turner. Surgery on her left knee was performed on October 7, 1998. During surgery, the doctor found degenerative arthritis in Sleeth’s left knee, and he believed this was present prior to the accident. At the time of the accident, Sleeth was thirty-one years old. She testified that she had no pain in her knees prior to the, accident, but she does admit that her knees have “popped” since childhood.

II. The “Aggravation” and “Eggshell” Concepts.

In Waits, as in the present case, the court instructed the jury on preexisting conditions under both the “eggshell” and “aggravation” concepts. We said:

To clarify the scope of the instructions involved here, we start with the general rule that a defendant is liable only for injuries caused by the defendant’s fault, and not for pain or disability resulting from other causes. Thus, if a plaintiff had a prior back injury that caused pain and a ten percent disability before the injury inflicted by the defendant occurred, the defendant would not be responsible for the disability and pain that predated the current injury, but only for
[212]*212any additional pain and disability caused by the current injury. Under these circumstances, an aggravation instruction is appropriately submitted to the jury.
The eggshell plaintiff rule is an exception to the general rule. This exception applies only when the pain or disability arguably caused by another condition arises after the injury caused by the defendant’s fault has lighted up or exacerbated the prior condition. The law on this point was clearly stated in Becker [v. D & E Distributing Co., 247 N.W.2d 727 (Iowa 1976)]:
It is also apparent mere existence of a prior nondisabling, asymptomatic, latent condition is not a defense. A tort-feasor whose act, superimposed upon such condition, results in an injury may be liable in damages for the full disability. In these cases the injury, and not the dormant condition, is deemed to be the proximate cause of the pain and disability.

Waits, 572 N.W.2d at 577 (citations omitted) (quoting Becker, 247 N.W.2d at 731).

Sleeth’s orthopedic doctor testified that the accident would have “aggravated her preexisting condition of osteoarthritis.” The defendant has seized on this language as proof that the aggravation instruction was properly given. The plaintiff responds that “aggravation,” as used by the doctor, was not used in its legal sense but in the sense it had lighted up a dormant arthritic condition.

III. The Issue.

The single issue is whether the district court properly instructed the jury on a theory of aggravation of the plaintiffs preexisting condition as well as the “eggshell plaintiff’ theory. Jury instruction No. 14 stated:

Evidence was presented indicating that Dena Sleeth has arthritis in her knees.
If you find Dena Sleeth had arthritis which caused her pain or disability before this accident and this condition was aggravated by this accident causing further suffering, then she is entitled to recover damages caused by the aggravation. She is not entitled to recover for any physical pain or disability which existed before the incident or for any injuries or damages which she now has which were not caused by the Defendant’s actions, [aggravation instruction]
If you find Dena Sleeth had arthritis but without pain or disability before this incident and this condition made her more susceptible to injury than a person in normal health, then Tony Louvar is responsible for those injuries and damages experienced by Dena Sleeth which were proximately caused by Mr. Lou-var’s actions, even though the injuries claimed produced a greater injury than those which might have been experienced by a normal person under the same circumstances, [“eggshell plaintiff’ instruction]

The trial court based its instructions on Waits and Becker, explaining its decision to instruct on both the aggravation and eggshell-plaintiff theories in this way:

Waits deals primarily with both of the instructions [eggshell plaintiff and aggravation], but if you are going to give them both that you basically need to give some additional guidance to the jury, and I’ve attempted to do that by adding some language to the uniform instructions and have tried to make that as clear as I think that it is possible....

The jury awarded Sleeth $15,000. Past medical expenses were for $7499.95 of that amount, $1400 for past loss of full body; [213]*213$600 for future loss of full body, and $5500.05 for past and future pain and- suffering. It is impossible to tell whether the jury awarded compensation for one knee or both knees, and it cannot be known whether the jury applied aggravation or eggshelhplaintiff principles in determining the amount of damages.

IV. Disposition.

Alleged errors regarding jury instructions are reviewed for correction of errors at law. Herbst v. State, 616 N.W.2d 582, 585 (Iowa 2000). In Waits, as in the present case, the court instructed on both the aggravation and eggshell-plaintiff rules; In Waits the plaintiff had prior pain and disability because of an injury five years before the last injury. Her doctor testified the injury had healed, and “it was possible that Waits would be asymptomatic after her 1987 injury, but that her prior injury would make her more susceptible to a back injury in 1992.” Waits, 572 N.W.2d at 576. The plaintiff testified she had no residual disability from her earlier injury as of the time of the collision in question. We said, based on the testimony of the plaintiff and her doctor,

the jury could conclude that Waits’ back condition was a nondisabling, asymptomatic condition that made her more susceptible to injury than a normal person.

Id. An eggshell instruction was therefore appropriate.

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Sleeth v. Louvar
659 N.W.2d 210 (Supreme Court of Iowa, 2003)

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Bluebook (online)
659 N.W.2d 210, 2003 Iowa Sup. LEXIS 58, 2003 WL 1732796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sleeth-v-louvar-iowa-2003.