323 Ga. App. 728
Ga. Ct. App.2013Background
- Hanks sued John Doe for injuries from a motor-vehicle collision and Safeway insured the vehicle; Safeway answered; a jury awarded Hanks $13,000; Safeway appeals on expert testimony and preexisting-condition instructions; the court affirm.
- The February 9, 2002 collision involved an unknown driver rear-ending Hanks while he waited to turn left; the driver fled after Hanks tried to record the tag number.
- Hanks began chiropractic treatment for lower back pain on February 15, 2002, and had an MRI on November 11, 2002 showing a herniated disk possibly several months old.
- A radiology expert testified by deposition about the herniated disk; the court admitted this testimony over Safeway’s objection.
- Safeway argued causation must be proven by medical testimony linking MRI findings to the accident; the court rejected this strict causation requirement in a simple negligence context.
- The trial court also gave a jury instruction on aggravation of a preexisting condition based on slight evidence, and the court held this was proper given the radiologist’s testimony about prior injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MRI expert testimony required causation proof | Hanks’s expert need not prove causation; lay jury can infer link from accident circumstances | Causation must be proven by expert testimony when medical questions arise | No abuse; expert not required to prove causation in a simple negligence case |
| Whether preexisting-condition instruction was proper | Evidence showed prior similar injuries; instruction allowed | No medical link established; instruction improper | Instruction proper; slight evidence suffices per AT Systems Southeast v. Carnes and Meeks v. Cason |
Key Cases Cited
- Jordan v. Smoot, 191 Ga. App. 74 (Ga. App. 1989) (causation in automobile injuries generally not a medical question requiring experts)
- Hutcheson v. Daniels, 224 Ga. App. 560 (Ga. App. 1997) (distinguishes Eberhart; medical questions depend on context)
- Eberhart v. Morris Brown College, 181 Ga. App. 516 (Ga. App. 1987) (medical question required expert testimony in some prior-injury cases)
- Magnan v. Miami Aircraft Support, 217 Ga. App. 855 (Ga. App. 1995) (continuing injury requiring expert testimony when causation not obvious)
- AT Systems Southeast v. Carnes, 272 Ga. App. 671 (Ga. App. 2005) (slight evidence suffices for preexisting-condition instruction)
- Meeks v. Cason, 208 Ga. App. 658 (Ga. App. 1993) (support for aggravation instruction with some evidence)