23-1169
N.C. Ct. App.Jul 16, 2025Background
- Plaintiff David Cason sued Defendant Ronari Davell Galloway for personal injuries allegedly sustained when Galloway rear-ended Cason's vehicle in a 2017 car accident.
- The primary injuries claimed by Cason included headaches, neck pain, knee pain, and nerve problems, which were not overtly traumatic or visible.
- At trial, Cason presented the testimony of his physical therapist to prove that his injuries were caused by the accident.
- Defendant moved for a directed verdict, arguing that only a medical expert (not a physical therapist) could competently testify as to causation for these types of injuries.
- The trial court denied the motion, credited the physical therapist's causation testimony, and awarded Cason $20,876.80 in damages.
- On appeal, the issue was whether Cason presented sufficient admissible evidence to establish that the accident proximately caused his injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was plaintiff required to provide medical expert testimony to prove causation of injuries in this case? | Cason: Physical therapist qualified to provide causation opinion. | Galloway: Physical therapist not qualified; only a medical expert can testify as to causation. | For Defendant: Physical therapist not qualified to opine on medical causation. |
| Did the trial court err in admitting causation testimony from plaintiff’s physical therapist? | Cason: Testimony was within scope of therapist's expertise. | Galloway: Therapist cannot diagnose or opine on causation—beyond his professional limits. | Yes; trial court erred in admitting the evidence. |
| Was there sufficient competent evidence to support plaintiff's negligence claim? | Cason: Physical therapist’s testimony established causation by preponderance. | Galloway: Without competent causation evidence, claim fails as a matter of law. | No; there was not sufficient evidence for causation. |
| Should the trial court have granted a directed verdict for the defendant? | Cason: Evidence created a factual dispute for the court. | Galloway: Absence of competent causation evidence required directed verdict. | Yes; directed verdict should have been granted. |
Key Cases Cited
- Click v. Pilot Freight Carriers, Inc., 300 N.C. 164 (expert testimony required on medical causation for complex injuries)
- Simmons v. Wiles, 271 N.C. App. 665 (standards for directed verdict in negligence cases)
- Keith v. Health-Pro Home Care Servs., Inc., 381 N.C. 442 (elements of negligence claim include proximate cause proved by competent evidence)
- Smith v. Herbin, 247 N.C. App. 309 (lay testimony insufficient for causation of complex medical injuries)