Gunn v. Robertson

801 So.2d 555 (2001)

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Nature of the Case

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Facts

P stopped for the red light, and when the light turned green, he looked and then started to proceed through the intersection. He saw Roberston (D) coming from his left side. He engaged his clutch and slammed on the brake. His truck made contact with D's car toward the back wheel. D described the impact as a light tap and said that he would not have known that a collision occurred if his wife, who was a passenger, had not told him. In his deposition, D stated that the impact pushed the car a few feet. His car suffered minor damage; he replaced the hubcap but did not have the car fixed. D was 79 years old at the time of the accident, and that he was not even sore the next day. A state trooper estimated the impact at 10 mph, and no injuries were reported and damage was light for both vehicles. D had run a red light and collided with P’s car. P sought medical treatment 3 weeks after the accident. Eventually, the results of the MRI showed that P had a herniated disc. A nerve study conducted showed clinical radiculopathy. Dr. Adatto diagnosed disc pathology of the lower two lumbar segments, and spondylolisthesis. Without surgery, P would be a chronic pain patient. P sued D. P presented evidence of medical bills for $13,942.19 and a future surgery cost of $59,915. The jury found D 70 percent liable and P 30%. It awarded $1,000 for pain and suffering, $5,400 in lost wages, and $1,700 for past medical expenses. submitted evidence of past medical expenses in the amount of $13,942.19 and future medical costs related to the surgery in the amount of $59,915. After a trial, the jury held for the Gunns, concluding that Robertson was 70 percent negligent and that Randall was 30 percent negligent. The jury awarded damages in the amounts of $1,000 for Randall’s physical pain and suffering, $1,700 for Randall’s past medical expenses, and $7,500 in lost wages and nothing on the loss of consortium claim. P appealed.