Blaine v. Byers
| Citation | 429 P.2d 397,91 Idaho 665 |
| Decision Date | 22 June 1967 |
| Docket Number | No. 9876,9876 |
| Parties | James W. BLAINE, Plaintiff-Respondent, v. John W. BYERS, Boise Cascade Corporation, a corporation, and Boise National Leasing, Inc., a corporation, Defendants,-Appellants. |
| Court | Idaho Supreme Court |
Richards, Haga & Eberle, Boise, for appellants.
Coughlan & Imhoff, Boise, for respondent.
Appellants John W. Byers, Boise Cascade Corporation and Boise National Leasing Corporation appeal from a judgment awarding respondent James W. Blaine $25,000 damages in a personal injury action following a jury trial in the district court for Ada County. Liability of the appellants is not disputed. The central issue presented by the appeal is whether the trial judge should have entered judgment on the jury verdict of $25,000, which appellants assert was an excessive award totally unsupported by the evidence adduced at trial.
On December 1, 1964, respondent Blaine was injured in a traffic accident in a rearend type collision with a truck driven by John W. Byers for the Boise Cascade Corporation, Boise National Leasing Corporation owned the two-and-a-half ton truck which it had leased to Boise Cascade. The accident occurred at the intersection of Phillipi Street and Overland Road in the city of Boise. The respondent's station wagon was stopped behind another vehicle, which had stopped at the intersection and was waiting for traffic before making a left-hand turn onto Phillipi Street. Byers was proceeding meanwhile along Overland toward the intersection, saw the stopped vehicles up ahead, but was unable to stop his truck, because of the wet pavement that day, in time to avoid the collision with the Blaine automobile. The record indicates that while Byers was driving within the speed limit, he was probably not sufficiently attentive to the traffic immediately in front of him on Overland. The impact of the collision propelled respondent's automobile into the first vehicle which itself was pushed forward into the intersection. Having anticipated the impending collision, respondent was able to brace himself against the steering wheel in a semi-crouched position; however, on impact, he was thrown back against the front seat with sufficient force so that his hat was hurled to the back of his station wagon. Though shaken, respondent at the scene of the accident did not appear injured. Fortunately, neither the passengers in the first vehicle nor the truck driver were hurt. However, shortly after the accident responent began to feel soreness and pain in his neck, shoulders and lower back; and respondent contacted his personal physician, Dr. W. D. Springer, within a few hours following the accident.
Dr. Springer immediately recommended X-rays which were taken that same day. The next day respondent was hospitalized. Examination revealed that, as an immediate consequence of the accident, respondent had sustained a muscular strain of the neck and lower back resulting from a 'whiplash' type injury. The X-rays further revealed unsuspected pre-existing advanced degenerative arthritis along the entire spinal column, particularly in the vertebrae of the neck. This pre-existing arthritic condition was asymptomatic prior to the accident, and respondent was able to do heavy manual labor without associated pain or disablement. Coincidental with the injury sustained to the arthritic area, the arthritis flared up and was greatly aggravated by the accident, cuasing much of the discomfort experienced by the respondent. The sprain or shiplash injury received in the collision, superimposed on the previously asymptomatic arthritic condition, was described as having caused the condition to rapidly progress and become disabling.
Because of recurrent neck and back pain suffered by respondent, Dr. Springer called in several orthopedic specialists, among whom was Dr. Richard Gardner. Respondent was hospitalized for eleven days. While at the hospital respondent's neck and lower back were placed in traction every day for as long a period as possible. Additionally, respondent was administered pain-killing drugs and given heat treatments. On his discharge from the hospital, respondent was advised not to engage in heavy work of the type in which he had previously engaged on his ranch. He was also advised to wear a corset and stiff collar for support. Daily exercises were prescribed and respondent was supplied a collar with fifteen-pound weights, the use of which was recommended at least three times a day for periods of one-half hour each.
December 24, 1964 respondent was readmitted to the hospital. On that day respondent felt severe pain in his right arm which was not alleviated by the codeine pills prescribed for the pain in his back and neck. He described then pain as if someone had a bicycle pump and was pumping up the right arm until it was about to burst. This abnormal feeling in the arm was described by Dr. Gardner as probably a neuritis or irritation of a nerve emanating from the cervical spine. This symptom he traced to the accident. On this occasion respondent was hospitalized for approximately seven days and received treatment essentially similar to that which occurred on his first hospitalization.
Thereafter, respondent was admitted to the hospital on some five other separate occasions, either because of pain in the neck and lower back or the neuritis in the right arm. On each hospitalization, respondent was administered treatment of the same nature, i. e., traction, hot baths, therapy treatments, and the administration of painkilling drugs. The duration of the subsequent hospitalization varied, but was generally for a relatively short period. The consensus of medical opinion was the respondent had reached a plateau of improvement with respect to the treatment of the condition. Dr. Gardner testified he did not know what more could be done other than continue the intermittent tractions, occasional application of warm towel packs, use of the collar for the neck when necessary and daily exercise as previously had been prescribed.
The evidence discloses that immediately after the accident, respondent's pre-existing arthritic condition was greatly aggravated, causing considerable pain. This has leveled off now, though the prognosis in such cases is not good, and the condition can be expected to worsen gradually. There is not much pain in the lower back if respondent follows a regimen of a relatively minor amount of work together with daily exercises. The respondent still suffers a constant dull pain in the back of the neck, consistent with this type of injury, but most probably related to the arthritic condition, and not a redidual strain of the accidental injury received. The pain in the arm will be minimized if respondent refrains from engaging in excessive physical activity. However, while respondent has improved since immediately following the accident, his condition is something he will have to learn to live with. The present disability is described as permanent in nature, and the treatment and exercise which has been prescribed for respondent most probably will have to be continued indefinitely.
Through 1958 respondent had engaged in the general practice of law in Boise on a full time basis. However in late 1958, respondent moved to Owyhee County where, together with one Cox, he has operated a 3700-acre ranch. Respondent additionally serves as prosecuting attorney for Owyhee County. This position requires about two days a week throughout the year for which he is paid an annual salary of $3800. Principally respondent devotes his time and energy to the ranch on which both Cox and respondent now live with their familes. The respondent, consequently, is dependent largely upon the income production of the ranch. However, both prior to and following the accident, the ranch was not a money-making operation. Only 250 acres are presently under cultivation and Cox and respondent have B.L.M. rights to only 450 head of cattle. Even respondent's yearly salary of $3800 has not offset the cash losses incurred so that there had been a negative cash inflow even before the accident.
Prior to the December 1, 1964 accident, respondent regularly performed such heavy manual labor on the ranch as irrigating the land, stacking hay, driving a tractor and riding herd on cattle. There was no hired help, although respondent's 21-year-old stepson was able to assist. The onset of symptomatic arthritis after the accidents makes ranch work difficult for respondent, who must now carefully limit his amount of physical activity. On the other hand, respondent claims his present disability would make his return to the full-time practice of law unfeasible, since he believes he can not sit in one place any length of time. He is convinced the arthritic pain would preclude the necessary concentration required for full time practice.
This personal injury action was filed by the respondent on June 9, 1965. Appellants John W. Byers, Boise Cascade Corporation and Boise National Leasing Company were named defendants, and it was asserted their negligence proximately caused the accident of December 1, 1964. In his complaint respondent alleged he has incurred $1,600 in doctor and hospital expenses up to that time; that he will incur medical expenses in the future which were not known to him; that his automobile was damaged in the sum of approximately $300; and that he sustained permanent injuries attendant with pain and suffering for which he is entitled to general damages in the amount of $35,000. The complaint did not allege or seek recovery for lost income or lost earning power.
Following submission of the case to the jury, a verdict awarding respondent total damages of $25,000 was returned. After entry of the judgment, appellants moved for a new trial on the grounds the award was excessive and not supported by the evidence. With respect to appellants John W. Byers and Boise Cascade Corporation, the ...
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