Hansen v. Heath

852 P.2d 977 (1993)

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Nature of the Case

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Facts

P was injured when Woo's vehicle struck her vehicle from behind. Woo was 78 years old and was returning from a doctor's appointment at the Veteran's Administration Hospital (VA), where he was receiving ongoing treatment for shortness of breath associated with lung and heart disease. Woo's medical records revealed that on the day of the accident, his condition was improving and he was sent home with no restrictions on driving. Paramedics examined Woo and later noted in their report that Woo had possibly suffered a syncopal episode. Woo did not volunteer any information to the paramedics. The paramedics reached that conclusion independently. Woo was transported to the VA, where he told his treating physician that he had suddenly lost consciousness without warning and that he remembered nothing about the accident until a woman was pulling him from his car after the collision. The physician diagnosed his condition as 'syncope and CHF (coronary heart failure).' Woo was admitted to the hospital for six days and received treatment for the syncopal episode. P sued D. Woo claimed that he had suddenly and without prior warning lost consciousness at the time of the accident and was therefore not liable for P's injuries. Woo died six months after the complaint was filed. He was never deposed. P filed a motion to strike and a motion in limine to exclude Woo's statement to his treating physician that he blacked out prior to the accident. P claimed it was inadmissible hearsay. The court permitted D's expert, Dr. Freedman, to testify regarding not only the medical record that included Woo's actual statement but several other subsequent medical records indicating the syncope diagnosis. Freedman also testified that Woo's medical records and actions were consistent with a blackout, which was most likely caused by a condition known as 'ventricular tachycardia,' meaning a rapid heartbeat. D got the verdict. P appealed.