Schaeffer v. Craden, 58319

• Decision Date: 11 December 1990
• Docket Number: No. 58319,58319
• Citation: Schaeffer v. Craden, 800 S.W.2d 165 (Mo. App. 1990)
• Parties: Martha B. SCHAEFFER, Plaintiff-Appellant, v. Daniel CRADEN, et al., Defendant-Respondent.
• Court: Missouri Court of Appeals

Page 165

800 S.W.2d 165

Martha B. SCHAEFFER, Plaintiff-Appellant, v. Daniel CRADEN, et al., Defendant-Respondent.

No. 58319.

Missouri Court of Appeals,

Eastern District,

Division One.

Dec. 11, 1990.

Coggan R. Mills, Clayton, for plaintiff-appellant.

Kortenhof & Ely, Eric A. Ruttencutter, St. Louis, for defendant-respondent.

Richard C. Homire, St. Louis, for respondent American Family Mut. Ins. Co.

KAROHL, Judge.

Plaintiff, Martha Schaeffer, appeals from a jury verdict of $2,500 in her favor against defendants, Daniel Craden and American Mutual Insurance Company. Schaeffer sued defendants for personal injuries sustained in an automobile collision with Craden. Schaeffer claims the trial court erred in excluding evidence of her unpaid medical bills because this evidence was competent, relevant and material. We affirm.

On September 1, 1986, Schaeffer was driving south on Hanley Road in St. Louis County. Craden was also traveling south on Hanley Road. Hanley Road, which has four lanes, becomes Laclede Station Road where it intersects with Litzsinger. Schaeffer was near the Litzsinger intersection in the curblane when Craden's pick-up truck came into her lane and sideswiped her automobile. The impact caused Schaeffer to hit her head on a satchel containing silverware.

Schaeffer did not seek emergency medical attention. As a result of the collision, Schaeffer experienced severe headaches and ringing in her ears. Several days later she went to a hospital emergency room with these complaints. Dr. Jones, the emergency room physician, referred Schaeffer to Dr. Sharp. After examining Schaeffer, Dr. Sharp diagnosed the ringing in her ears as tinnitus. Schaeffer also consulted an eye doctor, and doctors Horenstein, Rifkin, Weiss and Eckert. She testified she paid Dr. Sharp $450, Dr. Jones $125, Dr. Horenstein $325, Dr. Rifkin $200, Dr. Weiss $250, Dr. Eckert $130 and prescription expenses of approximately $200. These bills total $1,680.

At trial the only medical expert testimony presented by Schaeffer was a video deposition of Dr. Sharp. His testimony supported a finding of causation between the collision and the medical complaints of headaches and tinnitus. Dr. Sharp also testified to the necessity and reasonableness of his expenses and two magnetic reasonance imaging [MRI] tests prescribed by Dr. Weiss and given to Schaeffer. The $1,470 bill for these tests was not paid. Dr. Horenstein testified for defendants. He, of course, testified as to the reasonableness of his charges to Schaeffer.

Schaeffer's sole point on appeal is trial court erred by excluding evidence of unpaid medical bills incurred by Schaeffer because this evidence was "competent, relevant and material." In support of her point relied upon, Schaeffer alleges additional claims of trial court error. However, because these claims of error are not contained in Schaeffer's point relied upon, they are not properly preserved for appeal. Rule 84.04.

Recovery for medical expenses incurred as a result of defendant's negligence in a personal injury action depends upon proof of the necessity and reasonableness of the medical expenses incurred. Spica v. McDonald, 334 S.W.2d 365, 371 (Mo. banc 19...