Smith v. Rekucki

177 N.W.2d 410, 287 Minn. 149, 1970 Minn. LEXIS 1094
CourtSupreme Court of Minnesota
DecidedMay 8, 1970
Docket41978
StatusPublished
Cited by8 cases

This text of 177 N.W.2d 410 (Smith v. Rekucki) 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
Smith v. Rekucki, 177 N.W.2d 410, 287 Minn. 149, 1970 Minn. LEXIS 1094 (Mich. 1970).

Opinion

Nelson, Justice.

Appeal from an order of the District Court of Hennepin County denying plaintiffs’ motion for a new trial on the issue of damages or, in the alternative, a new trial on all issues.

The case involves a personal injury suit instituted by George G. Smith and Delores C. Smith, his wife, plaintiffs-appellants, against Alexander C. Rekucki, defendant-respondent. The case was tried before a jury which returned a verdict in favor of plaintiff George Smith in the sum of $4,100 and in favor of plaintiff Delores Smith in the sum of $1,000 on February 3,1969.

The case arose out of an automobile accident occurring on August 25, 1965, on Nicollet Avenue in the city of Minneapolis. Mrs. Smith was traveling north, as was defendant, when he collided with the rear end of plaintiffs’ automobile. Mrs. Smith’s approximate speed was 15 to 25 miles per hour and that of the defendant approximately 15 miles per hour. She testified that she stopped her vehicle to avoid another automobile which had entered her lane, at which time her automobile was struck by that of defendant.

Defendant described the damage to his automobile as a slight dent on the left side of the center of the car and the front end of the bumper. Plaintiff George Smith described the damage to his vehicle as “very slight” consisting of a dented bumper guard and a dented frame on the rear right.

Mrs. Smith received medical attention at a hospital following the accident. Two days later she consulted Dr. Louis Filiatrault, *152 complaining of neck pain, blurred vision, and headaches. She was hospitalized until September 16, 1965, continued to receive treatment for several months, and was again hospitalized from February 27 to March 7, 1966. In October 1968 she was involved in a second accident in which another automobile hit her parked car and jarred her while she was seated therein. She testified that this accident caused a flare-up in her symptoms. Following this accident she went back to Dr. Filiatrault, who subsequently placed her in the hospital again. At the time of trial she still complained of back pain and headaches.

Plaintiffs contend that as a result of the accident of August 25, 1965, they incurred medical expenses in the sum of $4,093.73 and loss of Mrs. Smith’s wages from the time of the accident.

Dr. Filiatrault testified that he diagnosed a cervical myofacial strain, nerve rootlet injury, and “conversion reaction,” all of which were directly related to the accident of August 25, 1965, and that at the time of the trial Mrs. Smith had a permanent problem relating to the conversion reaction. The doctor also testified that when she visited him on December 6, 1968, she was not, in his opinion, having any problem with symptoms from cervical myofacial strain or nerve rootlet injury, but that her “primary problem was a conversion reaction” related to her accident of October 1968. He then testified that in his opinion Mrs. Smith would have a problem with conversion reaction which could be permanent unless she received psychotherapy. Dr. Filiatrault also indicated that in the October 1968 accident Mrs. Smith may have sustained a small physical injury sufficient to “reprecipi-tate her conversion reaction, the same conversion reaction” that originated with the August 1965 accident.

The record indicates that in February 1966 Dr. Filiatrault called in a neurologist, Dr. C. Camak Baker, to examine Mrs. Smith. Neither Dr. Baker, nor Dr. B. D. Granquist, called in as an orthopedic consultant, found any suggestion of nerve root involvement. In addition, Dr. Filiatrault conceded that the various reports and hospital records containing his conclusions concern *153 ing Mrs. Smith’s condition did not indicate nerve rootlet injury as part of his diagnosis.

The report of Dr. George C. Dorsey, Jr., a consulting psychiatrist who had been called into the case by Dr. Filiatrault, was also read during Dr. Filiatrault’s direct examination. Dr. Dorsey’s report singled out Mrs. Smith’s problem as a conversion reaction. Although Dr. Dorsey did not mention the accident as causative or noncausative, he explained in some detail how Mrs. Smith’s emotional condition was rooted in her childhood experiences and tied her reactions in with present assistance from members of her family.

Dr. James A. Moriarty, a specialist in neurology and psychiatry to whom Dr. Filiatrault referred Mrs. Smith, testified that she had sustained nerve rootlet injury and a “depressive reaction” related to the 1965 accident, but that her “conversion reaction” was not related to that accident. Dr. Moriarty further testified that unless “something else is done about it,” the nerve rootlet irritation is permanent. He testified that he had treated Mrs. Smith to some extent for the nonrelated conversion reaction problem.

Dr. Andrew Leemhuis, a specialist in neurology and psychiatry testifying in behalf of defendant at the trial, stated that he found no evidence of nerve rootlet injury but said that Mrs. Smith had possibly suffered a mild strain of the cervical spine as a result of the accident. It was his opinion that “organically” Mrs. Smith was “all right” but that she was suffering from “psychosomatic symptoms as a result of functional factors within herself and the litigation.” He believed that the functional complaints would clear up once the litigation was settled, and Mrs. Smith would thereupon return to her “previous state.”

The issues on this appeal involve the adequacy of the award of damages and the trial judge’s refusal to instruct on plaintiff husband’s claim for future loss of services.

It is hardly necessary to dwell further on the medical testimony, conflicts in which had to be resolved by the jury as a fact- *154 finding body. The evidence on damages must be evaluated in the light most favorable to defendant, with all conflicts resolved in his favor. Based upon the testimony as a whole, we think that the jury’s award of $1,000 to Mrs. Smith for general damages and loss of wages cannot be viewed as unreasonable or as a result of passion and prejudice, and the trial court’s instructions that she could recover only for injuries caused by the accident were proper.

The instant case is replete with medical, neurological, and psychiatric expert testimony. The general rule applicable to expert testimony is that the function of experts is to assist the jury in reaching a correct conclusion from the facts in evidence. The opinions of experts are not ordinarily conclusive on the jury but are items of evidence to be considered along with the other evidence in the case. This court follows the modern tendency to make no distinction between evidential and ultimate facts subject to expert opinion. Piche v. Halvorson, 199 Minn. 526, 272 N. W. 591; State v. Cox, 172 Minn. 226, 215 N. W. 189.

It is well recognized that every expert opinion rests on an assumption of fact. If the opinion is given upon a hypothetical question, its weight depends wholly on the jury’s finding that the assumed facts have been proved. If it is based upon the expert’s own testimony as to the facts, the truth of this testimony is no less open to their belief or disbelief.

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Bluebook (online)
177 N.W.2d 410, 287 Minn. 149, 1970 Minn. LEXIS 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-rekucki-minn-1970.