425 S.W.3d 795
Ark. Ct. App.2012Background
- Harris/Gross & Janes appeal a jury damages verdict for Brooks from a 2006 car crash.
- Brooks sought past and future damages for medical expenses, loss of earning capacity, and in-home caretaking.
- Gross moved to exclude Brooks’s latest MRI and/or future medical expenses three days before trial, claiming prejudice from late disclosures.
- Trial court excluded the MRI but admitted evidence of future medical expenses; excluded Gross’s expert report but admitted Dr. Peeples’s testimony.
- Jury verdict awarded Brooks $540,000; judgment entered October 25, 2011; Gross appeals on evidentiary and instruction issues regarding damages.
- Court affirms on all points.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of future medical expenses evidence | Brooks disclosed future expenses; evidence proper | Gross not prejudiced; late disclosure prejudices defense | No abuse of discretion; no prejudice shown |
| Loss of earning capacity and in-home care evidence | Evidence supports permanent injury and diminished capacity | Insufficient proof of loss; error in instructions | Substantial evidence supports claim; no reversible error on verdict/instructions |
| Directed verdict on earning capacity and in-home care | Evidence shows permanent impairment and altered activities | No substantial evidence of impairment | No error; jury could infer loss of earning capacity from injury and activities |
| Jury instruction on earning capacity and caretaking | Proper given permanent injury and reasonable caretaking needs | Instruction improper without precise damages | Correct to instruct; general verdict precludes prejudice showing |
Key Cases Cited
- Grummer v. Cummings, 336 Ark. 447 (1999) (abuse of discretion standard for evidentiary rulings; prejudice required)
- Edwards v. Stills, 335 Ark. 470 (1998) (future medical expenses need not be proved with exactness)
- Battles v. Morehead, 103 Ark.App. 283 (2008) (failure to supplement discovery; prejudice analysis in damages case)
- Matthews v. Rodgers, 279 Ark. 328 (1983) (past vs. future medical expenses; standards for proof)
- Arkansas State Hwy. Comm’n v. Lewis, 243 Ark. 943 (1968) (prejudicial impact and continuance considerations in discovery disputes)
- Gipson v. Garrison, 308 Ark. 344 (1992) (loss of earning capacity; permanency suffices for damages)
- Ward Body Works, Inc. v. Smallwood, 227 Ark. 314 (1957) (loss of earning capacity may be inferred from injury nature)
- Carr v. Nance, 2010 Ark. 497 (2010) (reasonableness of caretaking damages despite imperfect quantification)
- Graftenreed v. Seabaugh, 100 Ark. App. 364 (2007) (caretaking damages; juries may determine value by common knowledge)