Appeal
from Dallas Circuit Court (CV-17-900148)
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 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 testified that
he had had to pay a $300 deductible and then 20% of the total
charges incurred. The exhibits also indicate that Moore was
responsible for charges in the amount of $254.01 for an MRI.
Moore
testified that his pain is a constant issue but that, other
than a one-week absence immediately following the accident,
he had been able to continue working as a firefighter. Moore
represented that he was not claiming damages as a result of
lost wages.
There
was no evidence presented indicating whether Moore would have
to reimburse BCBSAL for the amounts it had paid on behalf of
Moore in the event that he recovered an award of damages in
this case. However, Moore's attorney argued during
closing arguments, without objection, that Moore would have
to reimburse BCBSAL $5, 314 if he recovered an award of
damages.
Standard
of Review
"The
decision whether to grant a motion for a new trial is within
the discretion of the trial court; however, a trial
court's order granting a motion for a new trial may be
reversed where the jury's verdict is supported by the
evidence and the trial court is plainly and palpably wrong in
...