Baker v. Locke Supply Co., 63118

• Decision Date: 21 April 1987
• Docket Number: No. 63118,63118
• Parties: Betty BAKER and Rex Baker, Appellants, v. LOCKE SUPPLY COMPANY, Appellee.
• Court: Oklahoma Supreme Court

Page 155

736 P.2d 155

1987 OK 27

Betty BAKER and Rex Baker, Appellants, v. LOCKE SUPPLY COMPANY, Appellee.

No. 63118.

Supreme Court of Oklahoma.

April 21, 1987.

Frasier & Frasier by Steven R. Hickman, Tulsa, for appellants.

Lee, Beuch and Davis by C. Scott Beuch, Oklahoma City, for appellee.

HODGES, Justice.

This appeal arose from a personal injury action brought by Betty Baker (appellant) against Locke Supply Company (appellee) after her car collided with a vehicle owned and operated by appellee. Rex Baker, appellant's husband brought a derivative action against appellee for loss of consortium. At trial, the district court directed a verdict in favor of the Bakers on the issue of liability and submitted the remaining issue of damages to the jury. After deliberation, the jury returned a verdict in favor of the Bakers but assessed damages at zero. Appellant moved for a new trial claiming the unanimous jury verdict was not supported by competent evidence. Her husband, however, did not join in her motion for new trial. The trial court denied appellant's motion, but the Court of Appeals in an unpublished memorandum opinion reversed the decision and remanded for partial new trial on the issue of damages. Locke Supply Company appeals the appellate court's reversal and remand to the district court.

The primary issue for review is whether the evidence presented at trial was sufficient to sustain the jury verdict awarding no damages to appellant for appellee's negligence. Appellee believes the jury verdict is supported by sufficient evidence based on the testimony presented at trial. We agree.

The controverted issue at trial was appellant's injuries sustained from the accident. There was conflicting testimony concerning appellant's health condition. However, the facts revealed appellant, a heavy smoker, had a long history of health problems which included bronchial asthma, arthritis, and a gastrointestinal condition. Prior to the accident, appellant also was under a doctor's care for a weight problem caused by her 5'2" and 240 pound frame, and for treatment of hypertension.

Through testimony of appellant and her expert witness, Dr. Gearhart, appellant attempted to show that three days after the accident she suffered from lower back pain. This pain resulted from a preexisting arthritic condition which appellant claimed was aggravated by the accident. However, in cross-examination, appellant admitted that the injury may have been discovered seven days after the accident. Also, the deposition testimony of Dr. Sisler contradicted appellant's testimony as he stated appellant's back injury was due to degenerative spondylolisthesis, resulting from her preexisting arthritic condition. His deposition testimony concluded appellant's medical problems could not be traced with reasonable medical certainty to the accident. He concluded her medical problems could be traced to her age, weight problems and normal degeneration. Therefore, appellant's back injury was a controverted issue that had to be decided by the jury.

Appellant also complained of an injury to her arm. Testimony showed appellant was transported by ambulance to a hospital where she was examined by hospital personnel. The only treatment she received was an ace bandage placed around her arm. At trial, appellant testified that a bump and a permanent mark had been left on her arm, but she stated her arm did not hurt. She indicated to the jury where her...