Filed March 10, 2010.
I. A Jeep Liberty driven by Craig Westfall pulled north out off of a cross street that intersected Kirkwood Boulevard. Background Facts and Proceedings. On the evening of March 30, 2006, Sweers, a student at Kirkwood Community College, was driving east on Kirkwood Boulevard in Iowa City. He was alone in his Audi, and was heading toward a fitness club that he used. Westfall intended to turn west on Kirkwood Boulevard. Sweers was wearing his seatbelt. However, Westfall failed to see Sweers, and the left front bumper of his vehicle struck the passenger side of Sweers's smaller sedan. Photographs show that both right-side doors on Sweers's sedan were dented (the cost to repair Sweers's car was $3829), but no air bags in either vehicle deployed. Sweers said he was okay at the time.
James K. Weston II of Tom Riley Law Firm, Iowa City, for appellant.
Sweers claims he continued to experience pain in his right shoulder, neck, and back thereafter. The patient intake form Sweers completed indicated he had broken his collar bone two years ago and dislocated his right shoulder three years ago. Sweers's pain improved after a month of treatment with the chiropractor, who noted he had regained a full range of motion and strength in his right shoulder. He consequently visited a chiropractor at the beginning of April. But the chiropractor did observe "an audible clicking with abduction and external rotation" of Sweers's right shoulder, which was described by Sweers "as not painful, just annoying."
Prior to the trial, Sweers filed a motion in limine, requesting the district court to prohibit the Westfalls from presenting evidence regarding any alleged preexisting conditions. The court denied both requests. He also sought a ruling preventing the Westfalls from introducing the emergency room notes that stated Sweers sought medical treatment on the advice of his insurance agent. The jury returned a verdict in favor of Sweers, awarding him $5206 in damages.
Jace Bisgard, Cedar Rapids, for appellee Grinnell Mutual Insurance Company.
J. Michael Weston, Cedar Rapids, for appellees Craig and Tamara Westfall.
Sweers sought further medical treatment in June, again complaining of right shoulder pain and "popping and clicking." The physician examined the CT scan of Sweers's right shoulder taken the night of the accident and noted it showed only the old injuries to his shoulder and clavicle. Sweers was given some range of motion and shoulder strengthening exercises to perform at home and instructed to return on an as-needed basis. For three months, Sweers did not seek further medical care.
Sweers went home after the accident, but decided to seek medical treatment later that night. The emergency room notes indicate Sweers's "insurance agent recommended he come in for a check up." Sweers's mother testified that her son "didn't know yet if he was hurt," but she encouraged him to go to the hospital. Upon arrival, Sweers complained of mild right shoulder and neck pain. A CT scan of Sweers's right shoulder showed no acute fracture or dislocation, although evidence of an old injury to the shoulder and an old clavicle fracture was noted.
In September, Sweers's right shoulder "popped" while he was reaching for a bottle of laundry detergent on a shelf in his closet. Langland found evidence that Sweers had dislocated his shoulder. He felt "excruciating pain" and decided to seek additional medical treatment. Dr. John Langland, a sports medicine and arthroscopy specialist later that month. During the surgery, Dr. Langland recommended arthroscopic surgery, which Sweers underwent in December. He was referred to Dr. He also discovered an anterior labral tear, a partial tear of Sweers's anterior glenohumeral ligament, and a partial rotator cuff tear. His shoulder was stable; it wasn't slipping out of the socket.... The torn ligaments and rotator cuff were repaired, and within a year Sweers regained "the vast majority of his range of motion. He had good strength." Sweers continues to engage in weightlifting, although he contends he does not perform all the same exercises as before.
Sweers sued the Westfalls and his underinsured motorist carrier in February 2008. The claim against the carrier was severed. The Westfalls admitted negligence, and the case proceeded to a jury trial against them on the questions of causation and damages.
Court of Appeals of Iowa.
Scott Sweers appeals following a jury verdict in his personal injury action against Craig and Tamara Westfall, asserting evidentiary errors by the district court. Finding no abuse of discretion in the trial judge's rulings, we affirm.
MANSFIELD, J.
No. 0-091/09-0912.
SWEERS v. WESTFALL
SCOTT SWEERS, Plaintiff-Appellant, v. CRAIG WESTFALL, TAMARA WESTFALL, and GRINNELL MUTUAL INSURANCE COMPANY, Defendants-Appellees.
Considered by Vaitheswaran, P.J., and Doyle and Mansfield, JJ.
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