Wyoming Medical Center, Inc. v. Murray

2001 WY 63, 27 P.3d 266, 2001 Wyo. LEXIS 78, 2001 WL 818563
CourtWyoming Supreme Court
DecidedJuly 20, 2001
Docket00-220
StatusPublished
Cited by16 cases

This text of 2001 WY 63 (Wyoming Medical Center, Inc. v. Murray) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyoming Medical Center, Inc. v. Murray, 2001 WY 63, 27 P.3d 266, 2001 Wyo. LEXIS 78, 2001 WL 818563 (Wyo. 2001).

Opinion

GOLDEN, Justice.

[11] Appellant Wyoming Medical Center, Inc. (WMC) appeals the district court's decision that a plaintiff having pre-existing conditions need not provide expert testimony to establish causation for personal injuries suffered in a slip and fall accident. Appellee Melissa Murray received a jury verdict awarding damages in her negligence suit against WMC following her slip and fall in WMC's parking garage.

[12] We affirm.

ISSUES

[13] WMC presents this statement of the issues for review:

1. Did the District Court err in failing to grant Appellant's Motion for Directed Verdict where Appellee had failed to offer any evidence to establish that the proximate cause of her claimed injuries was Appellant's conduct and not the result of preexisting injuries?
2. Did the District Court err in instruct, ing the jury as to future damages in light of Appellee's pre-existing injuries and the absence of any expert testimony to support any future damages?
3. Did the District Court err in instructing the jury, over Appellant's objection, as to the recovery of medical expenses where there was no evidence to show that the medical expenses allegedly incurred by Appellee were proximately caused by Appellant's conduct?

Murray does not restate or present issues for review.

FACTS

[14] On January 19, 1995, Murray arrived at WMC to visit her mother, a patient at the facility. Murray parked her car on the fifth level of the parking structure connected to WMC, and as she walked to the elevator, Murray slipped and fell on black ice, suffering injuries to her knee and back.

[15] She filed a negligence action against WMC, and a jury trial was held in January of 2000. The jury returned a verdict finding $71,500.00 in damages and apportioning WMC's fault at ninety percent and Murray's at ten percent. The damages were further reduced by the amount of medical expenses that WMC had already paid. WMC filed a motion for judgment as a matter of law or in the alternative a motion for new trial contending that insufficient evidence supported *268 the jury's verdict that the fall caused Murray's injuries. Those motions were denied, and this appeal followed.

DISCUSSION

Standard of Review

[16] WMC contends that the trial court erred in denying its motion for judgment as a matter of law because Murray's injuries were pre-existing and required expert testimony to establish that the fall caused injuries. W.R.C.P. 50(a)(1) provides:

(a) Judgment as a matter of laav.-

(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

"Despite the fact that judgment as a matter of law should be granted cautiously and sparingly, the district court has an obligation to direct entry of such a judgment where there is legally insufficient evidence to support a verdict on a particular issue. The decision to grant or deny a motion for a judgment as a matter of law is reviewed de novo." Sayer v. Williams, 962 P.2d 165, 167 (Wyo.1998).

[17] We undertake a full review of the record without deference to the views of the trial court. The test to be applied is whether the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable persons could have reached. We view the evidence in the light most favorable to the nonmoving party, and give that party the benefit of all reasonable inferences that may be drawn from the evidence. When the facts permit the drawing of more than one inference, it is for the jury to choose which will be used. Sundown, Inc. v. Pearson Real Estate Co., Inc., 8 P.3d 324, 380 (Wyo.2000); John Q. Hammons Inc. v. Poletis, 954 P.2d 1853, 1356 (Wyo.1998). If the inferences favorable to the movant are subject to doubt, or if parallel inferences can be drawn, the motion appropriately is denied. Sundown, 8 P.3d at 330; Stauffer Chemical Co. v. Curry, 778 P.2d 1083, 1103 (Wyo.1989); Ramirez v. Metropolitan Life Ins. Co., 580 P.2d 1136, 1138 (Wyo.1978).

[T8] "In reviewing a sufficiency of-the-evidence question, we assume the evidence in favor of the successful party to be true, leaving out of consideration entirely the evidence in conflict, and assigning every favorable inference to the evidence of the successful party that can be reasonably and fairly drawn from it." Wal-Mart Stores v. Clark, 969 P.2d 550, 551 (Wyo.1998); City of Kemmerer v. Wagner, 866 P.2d 1283, 1285 (Wyo.1993) (quoting Crown Cork & Seal Co. v. Admiral Beverage Corp., 638 P.2d 1272, 1274-15 (Wyo.1982)). We leave to the jury the duty of ascertaining the facts, reconciling conflicts therein, and drawing its own inferences if more than one inference is permissible. Id. When the facts permit the drawing of more than one inference, then it is for the jury to choose which one will be used; and, if supported by substantial evidence, the jury's choice will be conclusive. Id.

Causation

[T9] At trial, Murray testified that before her fall, she suffered occasional muscle strains from lifting a person for whom she was providing twenty-four hour home health care. Chiropractic care provided relief from the pain caused by the muscle strains. At the time she fell in WMC's parking structure, she hit the back of her head, her back, and dislocated her knee. She was in pain, and her knee started to swell. Her doctor testified that the fall injured her back and knee. Murray testified that since her fall, she has suffered constantly from back and knee pain, and migraines.

[110] The proper rule of law is found in Wal-Mart Stores v. Clark, which said:

Wal-Mart claims that the evidence adduced at trial was insufficient to establish causation between Clark's fall and his claimed injuries. In Mariner v. Marsden, 610 P.2d 6, 15 (Wyo.1980), and again in *269 Buttrey Food Stores Div. v. Coulson, 620 P.2d 549

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2001 WY 63, 27 P.3d 266, 2001 Wyo. LEXIS 78, 2001 WL 818563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyoming-medical-center-inc-v-murray-wyo-2001.