Payne v. Ohio Dept. of Rehab. & Corr.
2017 Ohio 7155
| Ohio Ct. Cl. | 2017Background
- Plaintiff (an inmate at Grafton Correctional Institution) sued Ohio Dept. of Rehabilitation & Correction (ODRC) for negligence after a delivery truck pulled away while he was unloading, causing him to strike a metal dock plate, fall ~5.5 feet to pavement, and be injured. Defendants conceded breach and proximate cause for some harm; trial addressed damages only.
- Immediate post-fall care: nurse evaluated and bandaged plaintiff; initial x-rays (May 22, 2014) showed no acute osseous injury but mild–moderate lumbar degenerative changes.
- Plaintiff reported persistent right-sided low back, hip, and leg pain, received repeated trigger-point injections (Kenalog) roughly every 90 days, various NSAIDs/muscle relaxants, physical-therapy instructions, and used a cane and back brace after a later separate fall. MRIs (2015, 2017) showed degenerative disc disease and a bulging L4–L5 disc; EMGs were normal.
- Treating clinicians documented ongoing subjective pain but did not opine within a reasonable degree of medical probability that the accident caused a new structural spinal injury or accelerated degenerative disc disease.
- Magistrate found plaintiff sustained an acute soft-tissue/strain injury causing months of pain and partial recovery by late 2014, but long-term debilitating injury causation was speculative without expert proof; awarded $12,000 for past pain and suffering plus filing fee ($12,025 total).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether accident caused long-term disabling back/hip injury or aggravated degenerative disc disease | Payne: accident caused chronic, debilitating pain and aggravated/accelerated degenerative disc disease deserving substantial damages | ODRC: only some soft-tissue injury from fall; long-term symptoms are attributable to preexisting degenerative disease and other incidents; causation not proven | Magistrate: proximate cause for short-term soft-tissue injury proven; long-term causal link to accident not established as a probability (speculative) |
| Whether expert testimony was required to prove causation of internal/degenerative spinal injury | Payne: relied on treating records and testimony; argued injury progression linked to fall | ODRC: where injury is internal/complex, expert proof is required to show causation or aggravation | Held: expert testimony required for internal, complex medical causal issues; absence precludes recovery for alleged long-term acceleration/aggravation |
| Credibility and extent of subjective pain claims | Payne: reported persistent 8–10/10 pain and functional limitations, sought specialist care | ODRC: plaintiff exaggerated symptoms; records show improvement and episodic care; later separate fall and preexisting disease complicate attribution | Held: court found some exaggeration; objective findings (imaging, EMG) inconsistent with claimed catastrophic injury; some persistent pain but less severe than claimed |
| Measure and scope of recoverable damages (past pain, future pain, medical expenses, lost earnings) | Payne: sought substantial award (~$300,000) for chronic pain, future care, lost earnings | ODRC: limited damages; no proof of past medical expenses causally linked; no proof of lost wages | Held: awarded $12,000 for past pain/suffering only; denied recovery for future damages, medical expenses, and lost earnings due to lack of causal proof and speculation |
Key Cases Cited
- Woodworth v. New York Cent. R.R. Co., 149 Ohio St. 543 (establishes that circumstantial evidence must show causation with some degree of certainty)
- Stacey v. Carnegie-Illinois Steel Corp., 156 Ohio St. 205 (expert medical testimony required where cause of injury not within common knowledge)
- Akro-Plastics v. Drake Indus., 115 Ohio App.3d 221 (expert testimony and proof of damages burdened on plaintiff)
- Rakich v. Anthem Blue Cross & Blue Shield, 172 Ohio App.3d 523 (damages must be shown with reasonable certainty)