Page 706
Appeal
from Dallas Circuit Court (CV-17-900148).
Megan
K. McCarthy and April W. McKay of Holtsford, Gilliland,
Higgins, Hitson & Howard, P.C., Montgomery, for
appellant.
Rickman E. Williams III and Thomas ap R. Jones of Pitts
Williams & Jones Attorneys at Law, Selma, for appellee.
MOORE,
Judge.
Shawn
Odell Bell appeals from an order of the Dallas Circuit Court
("the trial court") granting a motion for a new
trial filed by Erwin Deandre Moore. See §
12-22-10, Ala. Code 1975. We reverse the trial court's
order.
Procedural
History
On
August 4, 2017, Moore filed a complaint against Bell,
alleging that Bell's negligent and/or wanton conduct had
caused an automobile collision between his automobile and an
automobile being driven by Moore and seeking
damages.[1] Bell answered the complaint on
November 15, 2017. The parties ultimately stipulated that
Bell was liable for causing the accident and that the case
would proceed to a jury trial on the issue of damages based
on only Bell's negligence. After a trial, the jury
returned a verdict in favor of Moore and
Page 707
awarded him damages in the amount of $40,000. The trial court
entered a judgment on the jury's verdict. Moore filed a
motion for a new trial, asserting
"that the judgment entered in favor of... Moore is
inadequate in that the jury, after liability was stipulated
to between the parties, failed to award damages to [Moore] in
the total amount of medical bills stipulated to as having
been incurred by [Moore] as a result of the accident, and
failed to award damages to [Moore] for pain and suffering as
required by Alabama law."
On
March 19, 2019, the trial court granted the motion for a new
trial. On March 28, 2018, Bell filed his notice of appeal.
Facts
The
facts adduced at the trial were largely undisputed. On May
11, 2016, an automobile being operated by Bell collided into
the rear end of the automobile being operated by Moore. Moore
testified that he had driven himself to the emergency room
for treatment of neck and back pain the same date that the
collision took place. Moore was subsequently treated by Dr.
Park Chittom, an internal-medicine physician, and he
eventually underwent an MRI, which indicated that he had
suffered a T6-7 disk herniation. Dr. Chittom referred Moore
to Dr. Timothy Holt, an orthopedic surgeon, for treatment.
Dr. Holt recommended that Moore undergo conservative
treatment consisting of physical therapy. By the time of the
trial, Moore had completed two rounds of physical therapy and
had been referred for an additional round. Dr. Holt testified
that Moore's neck pain had subsided but that his back
pain had persisted. Dr. Holt testified that Moore, more
likely than not, would need additional physical therapy in
the future. Dr. Holt indicated that it was possible that
Moore might need an epidural injection or surgery in the
future but that he had not had to undergo that type of
treatment thus far. Dr. Holt testified that surgery would be
a last resort and that he had observed that Moore had
improved with physical therapy.
It was
undisputed that the total medical charges incurred by Moore
related to the automobile collision were $40,227.14. However,
Moore admitted that his medical-insurance company, Blue Cross
and Blue Shield of Alabama ("BCBSAL"), had paid for
most of his medical treatment. Specifically, Moore testified
that he had had to pay a $300 deductible for the initial
visit to the emergency room, as well as a $35 copay for each
doctor's office visit. The exhibits introduced at trial
indicate that Moore had had nine visits with Dr. Chittom and
six visits with Dr. Holt. Additionally, Moore had had two
rounds of physical therapy for which he had incurred charges
of $2,274 and $2,817, respectively. With regard to his
physical-therapy expenses, Moore ...