Wyatt v. Johnson

653 A.2d 496, 103 Md. App. 250, 1995 Md. App. LEXIS 31
CourtCourt of Special Appeals of Maryland
DecidedFebruary 7, 1995
DocketNo. 663
StatusPublished
Cited by13 cases

This text of 653 A.2d 496 (Wyatt v. Johnson) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyatt v. Johnson, 653 A.2d 496, 103 Md. App. 250, 1995 Md. App. LEXIS 31 (Md. Ct. App. 1995).

Opinion

DAVIS, Judge.

This is an appeal from a judgment of the Circuit Court for Baltimore City. Appellant, Edeltraut Wyatt, brought suit against Duane Johnson for personal injury and lost wages arising from an automobile accident. The circuit court granted Wyatt’s motion for judgment on the issue of liability, and a jury awarded her $7000 in damages. The court subsequently denied Wyatt’s motion for a new trial.

Appellant presents five questions for our review, which we rephrase for the sake of clarity:

[254]*2541. Did the circuit court err in refusing to use an itemized verdict sheet as required by Md.Code Ann., Courts & Judicial Proceedings § 11-109?
2. Did the circuit court err in refusing to restate the collateral source instruction in response to a written question from the jury?
3. Did the circuit court err when it struck for cause two jurors who had been evaluated or treated for carpal tunnel syndrome?
4. After the appellant inadvertently mentioned the name of an insurance carrier, did the circuit court err when it informed the jury that appellant had mentioned her own insurance company?
5. Did the circuit court err in excluding an out-of-court statement made by appellant at the time of the accident?

FACTS

On the afternoon of November 29, 1989, Edeltraut Wyatt left her home to go bowling. Wyatt bowled regularly in a five o’clock league, and her usual route to the bowling alley took her through Jessup, Maryland, on Route 175. As she approached the intersection with Brock Bridge Road, a vehicle driven by Duane Johnson entered the boulevard and struck the side of her vehicle. The impact of the collision forced Wyatt’s head into the windshield. Wyatt testified, “I felt very sick and my head was hurting bad.... I felt like vomiting.” Neither party called the police. After the accident, Wyatt proceeded to the bowling alley but was too ill to bowl.

The only witnesses at trial were Wyatt and Johnson. At the close of Wyatt’s case, the court granted her motion for judgment on the issue of liability under the Boulevard Rule. The sole issue for the jury was the extent of the damages proximately caused by Johnson’s negligence. With regard to that issue, the parties stipulated to a series of medical records prepared by doctors who had examined or treated Wyatt.

[255]*255Wyatt asserted that she suffered personal injury as a result of the accident, including a concussion, neck pain, back pain, and carpal tunnel syndrome. Diagnosis and treatment of those conditions included a bone scan test, a CAT scan, an EMG, nerve conduction studies, five months of physical therapy, a collar brace, a back brace, and a wrist splint. Her medical bills totalled $9,200. Wyatt’s claim also included $8,900 in lost wages for the period from late November 1989 to early February 1990, as well as unspecified damages for pain and suffering.

Johnson asserted that Wyatt was not seriously injured during the accident, and that the medical expenses incurred were the result of pre-existing conditions. In support of that theory, he presented evidence that Wyatt had been treated for headaches, shoulder problems, and neck pains prior to the accident. According to one physician, Wyatt suffered from “degenerative cervical disk disease, a pre-existing condition which is largely responsible for her discomfort.” Johnson also asserted that the physical therapy was unnecessary, and that the carpal tunnel syndrome developed in January 1990 after Wyatt fell and landed on her hands.

As we noted earlier, Wyatt’s claim for damages included $3,900 in lost wages. The exhibits admitted at trial included a “Wage and Salary Verification” form completed by Wyatt’s employer. The form states, in part, that Wyatt “has applied for benefits under the MARYLAND ECONOMIC LOSS PROTECTION LAW as a result of injuries in an automobile accident.” The employer is requested to state the dates that the employee was absent following the accident. Question five asks: “WAS EMPLOYEE PAID WAGES OR SALARY DURING THIS ABSENCE?” The nurse who completed the form checked “yes” to indicate that Wyatt had been paid, and wrote “$3,900” in the space provided for “amount paid.” Beneath the amount, someone wrote: “has to be paid to replacement.”

In the midst of their deliberations, the jurors sent the following written question to the court:

[256]*256On the wage and salary verification, a statement is written in after answering “yes” to number five. We do not understand what this means. Was she paid? Did she have to give her wages to the replacement? Who wrote that in?

Over Wyatt’s objections, the court instructed the jury that they must decide the issue on the evidence presented:

... I’ll answer this question as best I can, which is, first, I cannot now go beyond this piece of paper and the evidence to give you information.
In other words, to the extent that your question can be answered, the answer must come from the testimony that’s already in the case; and if it cannot be answered with that testimony or any reasonable inferences made from it, then your question, to that extent, cannot be answered.
And you are not to base your verdict on guesses or conjecture. You are to base your verdict on the instructions which I have given you, plus the evidence in the case, and nothing more.

Wyatt requested, inter alia, that the court reinstruct the jury on the collateral source rule, but the judge declined to do so.

Prior to trial, the parties had entered into a “high-low” agreement. The agreement stipulated that Wyatt would receive at least $7,500 but no more than $50,000, regardless of the jury’s verdict. The jury awarded Wyatt $7,000 in damages. After her motion for a new trial was denied, Wyatt noted this appeal.

LEGAL ANALYSIS

I

During trial, the trial judge asked both parties to prepare a suggested verdict sheet for submission to the jury. The sheet prepared by Wyatt complied with § 11-109 of the Court and Judicial Proceedings Article (CJP), which states in pertinent part:

As part of the verdict in any action for damages for personal injury in which the cause of action arises on or [257]*257after July 1, 1986 or for wrongful death in which the cause of action arises on or after October 1, 1994, the trier of fact shall itemize the award to reflect the monetary amount intended for:
(1) Past medical expenses;
(2) Future medical expenses;
(3) Past loss of earnings;
(4) Future loss of earnings;
(5) Noneconomic damages; and
(6) Other damages.

Md.Code Ann., Courts & Jud. Proc., § ll-109(b) (1994 Supp.) (emphasis added). After hearing argument from both sides, the trial judge elected to give the jury the verdict sheet submitted by Johnson, which asked for a single figure: What, if any, damages do you award to the plaintiff?

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Bluebook (online)
653 A.2d 496, 103 Md. App. 250, 1995 Md. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyatt-v-johnson-mdctspecapp-1995.