Schmidt v. Tracey, 2780

• Decision Date: 13 February 1963
• Docket Number: No. 2780,2780
• Citation: Schmidt v. Tracey, 150 So.2d 275 (Fla. App. 1963)
• Parties: Gertrude S. SCHMIDT, Appellant, v. Raymond R. TRACEY, Appellee.
• Court: Florida District Court of Appeals

Page 275

150 So.2d 275

Gertrude S. SCHMIDT, Appellant, v.Raymond R. TRACEY, Appellee.

No. 2780.

District Court of Appeal of Florida, Second District.

Feb. 13, 1963.

Rehearing Denied March 6, 1963.

Farish & Farish, West Palm Beach, for appellant.

Earnest, Pruitt & Schulle, West Palm Beach, for appellee.

LOVE, WILLIAM K., Associate Judge.

Appellant, Plaintiff below, appeals from a judgment in her behalf upon a verdict for damages in an amount less than the claimed medical expenses.Other assignments of error are not made points in the brief, and, for that reason, are considered abandoned.Plaintiff, a 63-year old widow, was engaged in depositing a bag of groceries in the seat of her automobile when Defendant, parked close-by in the parking lot, backed his car into the open door the Plaintiff's car causing it to strike her in the back, the particular point of impact apparently being the arm-rest of the door.The impact of the Defendant's car upon the door of Plaintiff's vehicle produced two small dents and exposed the bottom coat of paint thereon, on, but did not expose the metal.Shortly after this accident, Plaintiff returned to the office of a chiropractor where she had earlier that day received a treatment in the form of a very light manipulation for some trouble in the upper neck and upper spine which treatment, according to the practitioner, was not based upon pain and there 'wasn't any need for her to be there that day'.There were no marks upon the body of the Plaintiff--no bruises, cuts or lacerations and the practitioner had not taken any x-ray pictures of the spine prior to the visit immediately following the accident.

Plaintiff produced as a witness in her behalf, an orthopedist to whom she went for treatment some three to four weeks following the collision.This orthopedist testified that the Plaintiff, in giving her history, reported treatment by the practitioner referred to above and that she felt such treatment was aggravating the situation somewhat.The orthopedist testified that his examination disclosed that the Plaintiff was suffering from Paget's disease, kidney stones, osteo-arthritis, and spondy-lolisthesis, all of which the orthopedist considered to have been in existence long prior to the accident and none of which were caused or produced by the trauma of the collision.

The orthopedist prescribed a support, diathermy and felt that she had reached the maximum plateau of recovery from the conditions from which she suffere...