Where defendant admitted liability for a car accident but denied that the accident caused plaintiff’s alleged injuries, a jury verdict for defendant was affirmed where there was material evidence showing that the accident was minor, evidence showed plaintiff had a history of back and/or neck pain, and plaintiff’s expert witness admitted that “she based her opinion on purely subjective findings[.]”
In Bell v. Roberts, No. M2018-02126-COA-R3-CV (Tenn. Ct. App. July 8, 2020), plaintiff, a 70-year-old woman, filed suit after her vehicle was rear ended by a car driven by defendant. Defendant admitted fault, but he denied that the accident caused any injury to plaintiff.
During a jury trial, plaintiff, defendant, plaintiff’s doctor, and the police officer who responded to the accident testified. Plaintiff stated that she drove herself to the ER after the accident, and “scans of her spine showed changes consistent with degenerative disc disease.” After the medicine prescribed at the ER failed to alleviate her neck pain, she went to her doctor 15 days later and was given “additional pain relief measures and physical therapy.” Plaintiff admitted that she had a history of degenerative disc disease and back surgery, but she stated that she had never had neck pain before the accident. On cross examination, however, defense counsel pointed out that her testimony about previous pain was different in her deposition. Plaintiff also admitted that she did not complain about neck pain to her doctor past April 2016, although she maintained that she did not fully recover.