Walker v. Polles

162 So. 2d 631, 248 Miss. 887, 1964 Miss. LEXIS 319
CourtMississippi Supreme Court
DecidedApril 6, 1964
DocketNo. 42988
StatusPublished
Cited by6 cases

This text of 162 So. 2d 631 (Walker v. Polles) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Polles, 162 So. 2d 631, 248 Miss. 887, 1964 Miss. LEXIS 319 (Mich. 1964).

Opinion

Lee, C. J.

Two suits, styled Linda G. Polles, a Minor, etc. v. Mrs. A. B. Walker, and George S. Polles v. Mrs. A. B. Walker, were filed in the circuit court. The first sought a judgment for personal injuries, alleged to have been sustained by the plaintiff on or about October 19, 1961, because of the negligence of the defendant in colliding her car with the one to her rear, being driven by the plaintiff. The second suit was by the father of the plaintiff in the first suit for loss of services and medical expense, accrued and to accrue, during the minority of his fifteen year old daughter. Issues were joined by the defendant, and, on her motion the causes were consolidated for trial. The jury returned a verdict for the plaintiff in the first case in the sum of $17,000, and for the plaintiff in the second suit for the sum of $1500. Prom the judgments entered the defendant appealed.

There was no substantial dispute between the versions of the two drivers. Miss Polles stated that the Walker car, driving westerly along Third Street in the City of Clarksdale, stopped at an intersection because the stoplight was on red. She, driving in the same direction, stopped behind the parked car. When the light turned green, Mrs. Walker, instead of going forward, suddenly backed her car and collided with the Polles car. She also said that she was shaken up at the time, but did not feel particularly bad. On cross examination, she said that the bumper on her car appeared to have been knocked down. She felt “shook-up”. She was hurt in “my back, and part of my back”. Later she found out that the injury was to “my spine”. When [892]*892the cross-examiner requested her to point out the place, she said “the muscles were torn in my neck here, and the nerve was pinched, and the how in my neck was straightened out”.

Mrs. Walker, called as an adverse witness, testified that she was driving’ a Dodge car with pushbutton steering. She first backed out of the pedestrian lane and applied the brakes to stop, leaving the car in reverse gear. When the light turned green, she took her foot off the brakes. The car went backward, not fast, for about three feet, and collided with the Polles car. She did not have her foot on the accelerator at the time. She did not notice any jai”, and there was no damage to her car. She did not know that she had caused any damage to the car that she struck.

The plaintiff, prior to this occurrence, had been in excellent physical condition, never having suffered any serious injuries. The next morning she was sore. Later her neck got stiff and she could hardly turn her head or move it. The following day, the family physician, after an examination, had her admitted to the hospital and placed in traction. She was also given sedatives for pain. Finally on October 27, 1961, she was placed under the care of Dr. C. L. Manning, Jr., whose speciality was orthopedics. She has been under this doctor’s treatment ever since.

Dr. Manning made extensive examinations and found that she had a restriction or limitation of motion in her neck, particularly in bending her head from side to side. These motions elicited pain which is not expected in a person of her age and build. There was some spasm in the upper borders of the trapezius muscles on both sides and he found evidence of ligamentous damage upon X-ray examination of the neck. He made a demonstration to the jury with the X-ray pictures and pointed out damage to certain ligaments of the spine which tie one bone to another. He also showed that there had been a [893]*893straightening of the neck as the result of the muscle spasms pulling the bones into abnormal positions. But there were no fractures or breaks. A trauma, resulting from a sudden constrnctnre of muscles after they have been overstretched, normally causes ligamentous and muscle damage. It is called a traumatic application of forces when “the head moved in the direction the force is applied until the muscles begin to be overstretched, and then the muscles contract suddenly and snap the head back in the opposite direction”. Normally this causes ligamentous and muscle damage. The general treatment was supported with the use of a collar to support the head and medicines to relieve pain. His patient had very slow, but progressive improvement. The neck, insofar as its normal position is concerned, is about one-third of normal. In the doctor’s opinion, the young lady will have intermittent attacks of pain and discomfort in her neck over a period of ten to fifteen years, and an arthritic condition, as a result, is reasonably anticipated. His estimate of the cost of future medical expenses, arising out of this injury, was $75 to $100 a year.

Pursuant to a motion by the defendant that the court appoint a doctor to examine the plaintiff, the court appointed Dr. W. N. Crowson. He got a history of the injury, following the automobile accident in question, had X-ray pictures made, and otherwise examined the plaintiff during the course of the trial. He found that the past treatment had been thorough and conformed to the usual methods in such cases. He said that his findings were significant in relation to the posterior group of neck muscles and that they were weaker than would be expected in a girl of that age. There was soreness in the muscles which extend down the back to involve the trapezius muscles of the upper back. This resulted in the limitation of movement in all directions. Motion of the last ten or fifteen degrees was painful. [894]*894However, lie said that this trouble had not disturbed the strength or use of the arms and lower extremities. There was no damage to the bones or to the discs in the little space between them. He displayed and explained to the jury the X-ray pictures, taken that day. As a result of his examination, he concluded that the plaintiff had sustained a sprain of the ligaments and muscles of the neck. This caused the limitation of motion. But, since she was young, it was his opinion that she had a better chance to recover than an older person, and said that these sprains and body strains will heal and get well. He did not see arthritis as a probability.

The plaintiff, in her oral testimony, described the pain, suffering and discomfort which she had undergone since this injury. She told about how unpleasant it was to wear the supportive collar for eight hours a day. She had to miss some school work and dancing lessons. It was shown that she began to take dancing lessons when she was four years of age and had become an excellent dancer. Her ambition was to become proficient and make this work her career. The evidence showed that, in order to be successful, the teacher should be able to demonstrate the various dance steps; and that the limitation in the motion of her neck will hinder her ability to demonstrate the various steps. Her parents gave corroboration in respect to her injuries and her dancing teacher with regard to her dancing proficiency prior to the injury. She had not been able to help her father in the cafe as she had previously done.

Medical expenses had aggregated $425.00, and the repair of the automobile $149.59.

The appellant has assigned, as errors, the granting of two instructions for the appellee because (1) they amounted to a peremptory instruction that causal connection was shown between the appellant’s negligence and appellee’s injury; (2) the jury was permitted to award damages without requiring that they be proved [895]*895by a preponderance of the evidence; and (3) in denying the motion to set aside the verdicts because of their excessiveness, and against the weight of the evidence.

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Bluebook (online)
162 So. 2d 631, 248 Miss. 887, 1964 Miss. LEXIS 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-polles-miss-1964.