Wright v. Dunn

596 A.2d 729, 134 N.H. 669, 1991 N.H. LEXIS 119
CourtSupreme Court of New Hampshire
DecidedOctober 4, 1991
DocketNo. 90-312
StatusPublished
Cited by2 cases

This text of 596 A.2d 729 (Wright v. Dunn) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Dunn, 596 A.2d 729, 134 N.H. 669, 1991 N.H. LEXIS 119 (N.H. 1991).

Opinion

HORTON, J.

The plaintiffs appeal from the Superior Court’s CHampsey, J.) denial of their motion for additur or, in the alterna[670]*670tive, for a new trial in their consolidated negligence actions against the defendant. The plaintiffs assert that the court abused its discretion in denying the motion after the jury chose to award no damages, although the defendant had stipulated to liability. We reverse the denial of the motion and remand.

The plaintiffs brought this action after a collision between the defendant’s vehicle and Mr. Wright’s pickup truck on January 22,1985. The parties stipulated that the accident was caused by the defendant’s failure to yield the right-of-way, and that Mr. Wright was not at fault for the accident. Damages to Mr. Wright’s automobile were not at issue in this suit. The issues for jury consideration were alleged damages for personal injuries; namely, medical bills of $5,662.30 and his lost past and future wages of over $400,000, and his wife’s loss of consortium.

The main elements of Mr. Wright’s injury claim were back and neck injuries. The defendant contested the extent of these injuries on the dual bases that Mr. Wright suffered from a pre-existing arthritic condition and that the alleged injuries resulted predominantly from a second accident, which occurred five months later. In support of his injury claim, the plaintiff presented videotaped depositions from three doctors and a transcript of the deposition of a fourth.

Dr. Christopher Lynch’s testimony showed that he first met with Mr. Wright more than two years after the accident. His diagnosis was that Mr. Wright suffered from degenerative arthritis and degenerative disc disease of the spine, and that the accident on January 22, 1985, in all probability did accelerate the symptoms of the arthritic condition. Although not forceful in all of his conclusions, Dr. Lynch asserted that Mr. Wright’s current injuries could have been caused in part from the accident involving the defendant.

Dr. William Kirmes’ deposition revealed that he began seeing Mr. Wright on March 26, 1985, and that Mr. Wright complained of back and neck pain as well as headaches. This doctor, too, reached the conclusion that the January accident aggravated the pre-existing arthritic condition. He conceded that his conclusion as to the causation was based on Mr. Wright’s representation to him that he had suffered no prior symptoms. Dr. Kirmes stated that other factors could have resulted in the symptoms experienced by Mr. Wright. He testified that the injuries from the second accident were to the same area as those of the first accident, and seemed to aggravate the injuries.

The plaintiffs introduced the deposition of Dr. Kenneth Morrison, a chiropractor who treated Mr. Wright both before and after his January accident. He testified that he treated Mr. Wright twice in 1976 [671]*671for a misaligned pelvis and once in 1978 for trouble with his left shoulder. He also indicated that the January accident was the cause of Mr. Wright’s injuries.

Finally, Mr. Wright introduced the deposition of Dr. Donald Ettelson. He first met with Mr. Wright on September 1,1988, and based his evaluation on the reports submitted by the other doctors. According to Doctor Ettelson, Mr. Wright suffered from pre-existing “significant degenerative disease.” He reached the conclusion that the January accident had caused Mr. Wright’s arthritic symptoms to manifest themselves. His conclusion was based on Mr. Wright’s medical history that he had experienced no neck or back pain prior to the January accident. Under cross-examination, he conceded that he could not be certain to what extent the January accident, as compared to the pre-existing condition, contributed to Mr. Wright’s present condition. In his testimony he concluded that the January accident “probably” and “more than likely” caused Mr. Wright’s injuries.

Mr. Wright himself testified about the accident and his injuries. His testimony indicated that he had suffered no major symptoms of the arthritic condition until the January accident. During the accident he was thrown about inside his truck, and twisted his back. The force of the accident shattered all of the windows of the defendant’s car. He claimed that immediately after the accident he experienced neck and back pain, which worsened the next day. On both the day of the accident and the following day, he was treated by Dr. Morrison and incurred medical treatment costs. He testified that the onset of symptoms between the January accident at issue here and the May accident caused him to miss work and experience some pain. Finally, based upon Dr. Lynch’s recommendation, he left his work in 1987, because of the pain in his neck and back.

In support of his lost earnings claim, Mr. Wright presented the testimony of Deborah Jean Veatch, a rehabilitation consultant and human resource planner. In her analysis, Mr. Wright’s incapacity would result in lost future earnings of between $321,996 and $493,841, and lost past wages computed to be between $94,704 and $100,487.

Before the trial, both parties agreed to stipulate “that Brant C. Wright was not at fault for the accident and that Eleanor Dunn was at fault and that the defendant concedes the issue of liability and elects to try the case on the issue of damages only.” After deliberating, the jury returned a verdict “for the defendant.” The judge then sent a question to the jury that “since liability was conceded at the [672]*672outset, would it be more correct to state that you have made a finding . . . for the plaintiffs but choose to award no damages against the defendant?” The jury responded in writing that “we choose to award no damages.”

Mr. Wright carried the burden of establishing damages and proving that they were caused by the accident involving Mrs. Dunn. See Robert E. Tardiff, Inc. v. Twin Oaks Realty Trust, 130 N.H. 673, 679, 546 A.2d 1062, 1065 (1988). Evidence from four doctors was admitted, which showed, with varying degrees of certainty, that based upon Mr. Wright’s medical history, the combination of the two accidents caused Mr. Wright to experience symptoms from his osteoarthritis. Each doctor offered his opinion that the January accident caused some symptoms. None of the doctors, however, was able to apportion the contribution of each of the two accidents to Mr. Wright’s current symptoms. The defendant presented no case-in-chief.

At the outset, we place no significance upon the form in which the jury verdict was returned. Recovery on an action for negligence requires that there be a duty and a breach thereof, with this breach causing damages. Smith v. Cote, 128 N.H. 231, 240, 513 A.2d 341, 346 (1986). A stipulation of fault or liability in a motor vehicle liability case concedes merely the duty and breach elements (including causation of the accident). Absent a finding of damages and their legal causation from the accident, the verdict may properly be expressed as one “for the defendant.”

We address, then, whether the verdict was one which must be characterized as unreasonable. See Panas v. Harakis, 129 N.H. 591, 603, 529 A.2d 976, 983 (1987). Incorporated in this standard is the idea that the verdict was so “conclusively against the weight of the evidence” that no reasonable jury could return such a finding. Id.

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Bluebook (online)
596 A.2d 729, 134 N.H. 669, 1991 N.H. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-dunn-nh-1991.