Young v. St. Louis University

773 S.W.2d 143, 1989 Mo. App. LEXIS 710, 1989 WL 51590
CourtMissouri Court of Appeals
DecidedMay 16, 1989
DocketNo. 53958
StatusPublished
Cited by3 cases

This text of 773 S.W.2d 143 (Young v. St. Louis University) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. St. Louis University, 773 S.W.2d 143, 1989 Mo. App. LEXIS 710, 1989 WL 51590 (Mo. Ct. App. 1989).

Opinion

PER CURIAM.

Plaintiff appeals from the judgment based on the jury verdict finding against her and in favor of defendants St. Louis University and Richard Stensrude, Director of St. Louis University Medical Center. We affirm.

Appellant brought suit in the lower court on the theory of intentional infliction of emotional distress allegedly caused by Dr. Stensrude’s screening in her presence of a [145]*145pornographic video-tape, Deep Throat. Appellant’s theory was that this action, coupled with the environment in which the film was shown, allegedly caused her to suffer from a non-psychotic mental condition know as post-traumatic stress syndrome. The defense theory was that appellant suffered from a pre-existing mental psychosis and that the incident did not cause her mental illness. These two theories became the central focus of the trial and both sides presented extensive expert testimony on the issues.

The jury found in favor of respondents. The issues on appeal all relate to the conflicting psychiatric evidence as to causation of appellant’s mental distress. Appellant cites four points of error, three of which are related to the admission or exclusion of evidence. The fourth asserts cumulative error.

Appellant’s first point is that the trial court erred in admitting the depositions of the three defense psychiatrists because appellant contends their diagnoses of paranoid schizophrenia were based upon appellant’s statement that her sister had suffered from schizophrenia. At trial, appellant stated she received this impression from a “medical professional” in an emergency room after he had examined her sister for ten minutes and she related her sister’s diagnosis to the psychiatrists as family medical history. Because there was no other evidence of the sister’s schizophrenia presented at trial, appellant argues that the statement constituted hearsay and the expert testimony based on this hearsay is inadmissible.

Respondents argue that the statement is not hearsay because it falls under the past medical history exception, which allows evidence of a patient’s statements of medical history made to a doctor which are “reasonably pertinent” to diagnosis and treatment. Breeding v. Dodson Trailer Repair, 679 S.W.2d 281, 285 (Mo. banc 1984). While this exception appears to apply at first blush, a closer examination reveals that it is inappropriate in this case because the evidence in question involves double hearsay. The exception can be used to excuse the hearsay element of the doctors relying on what appellant told them, but it does not excuse the hearsay of appellant relating what someone else told her. Breeding, and the Missouri cases citing it, involve statements of how an injury happened, which is generally within the knowledge of the person making the statement. This court stated in Eickelman v. Illinois Cent. Gulf R. Co., 714 S.W.2d 611, 615 (Mo.App.1986), that “Breeding never suggested that a patient’s statements about what other doctors have told him are admissible” and held that a trial court correctly excluded a record containing such evidence as part of a medical history. Similarly, appellant’s statements about her sister were also hearsay.

The fact that the depositions mentioned this hearsay, however, does not mean that they were inadmissible. While expert testimony must be based upon personal knowledge or observation of competent evidence, Kozeny-Wagner, Inc. v. Shark, 709 S.W.2d 149, 152 (Mo.App.1986), the trial judge is given wide discretion to determine if the expert’s opinion should be admitted. Disbrow v. Boehmer, 711 S.W.2d 917 (Mo.App.1986). It is proper to allow hearsay evidence as a basis for an expert opinion if that evidence is otherwise trustworthy and necessary. Albers v. Hemphill Contracting Co. Inc., 740 S.W.2d 660, 663 (Mo.App.1987). A portion of the decision to admit expert testimony must rest upon how much reliance an expert placed upon the hearsay information in reaching his diagnosis. When an expert has gathered sufficient competent evidence to support an opinion, his testimony is not inadmissible merely because he was aware of hearsay evidence as long as there is no evidence that his opinion was based on hearsay. See Reifsteck v. Miller, 369 S.W.2d 229, 237 (Mo.1963).

In the case at bar, the defense presented the depositions of three psychiatrists, Dr. El Toumi, Dr. Potter and Dr. Stillings, who had all examined appellant and who all opined that appellant suffered from paranoid schizophrenia before the movie incident. They felt the incident may have ex[146]*146acerbated her existing condition, but could not have caused post-traumatic stress syndrome as appellant claimed.1 After Dr. El Toumi related his examination of appellant and discussed his provisional diagnosis of schizophrenia, respondents’ attorney asked him to assume that appellant’s sister had been diagnosed schizophrenic and then asked if this fact would be significant. Dr. El Toumi replied affirmatively, but there was no indication that he was under the impression that such a diagnosis had in fact taken place or that it was tied into his diagnosis. Dr. Potter was asked a similar question and replied that the diagnosis would be significant but “not a tremendous amount.” Dr. El Toumi’s and Dr. Potter’s depositions give no indication that either psychiatrist knew of, let alone relied on, the hearsay evidence about appellant’s sister when forming their opinions. The trial court clearly did not abuse its discretion in admitting them.

Because of this finding, even if we assume Dr. Stillings’ deposition was inadmissible because of the hearsay we need not reverse the verdict since Dr. El Toumi’s and Dr. Potter’s depositions provided substantial competent evidence to support the judgment. Rinderknecht v. Caulfield, 716 S.W.2d 405, 407 (Mo.App.1986). Nevertheless, we will discuss Dr. Stillings’ deposition as well. Admittedly, Dr. Stillings’ deposition indicated that he may have considered the sister’s diagnosis in reaching his conclusions. When asked about significant background material which appellant gave him at the first of their meetings, Dr. Stillings stated that appellant told him that her sister had been diagnosed as schizophrenic. Sometime later, he explained that schizophrenia tends to run in families, so that the sister’s schizophrenia would be consistent with his diagnosis of appellant. These discussions, however, only occupied 3 to 4 pages of Dr. Stillings’ 160 page deposition. The deposition was primarily devoted to relating his clinical findings as to appellant’s behavior. In addition, Dr. Stillings’ initial diagnosis, based on his first visit with appellant and on her medical and family history, was marital dysfunction. It was not until after her second visit that he diagnosed her as suffering from a hostile and aggressive personality disorder or paranoia. Even later, he added possible schizophrenia as an alternative.

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Bluebook (online)
773 S.W.2d 143, 1989 Mo. App. LEXIS 710, 1989 WL 51590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-st-louis-university-moctapp-1989.