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Chopp v. Miller

December 14, 1972

CHOPP, APPELLANT,
v.
MILLER, RESPONDENT



Appeal from Circuit Court, Deschutes County. John M. Copenhaver, Judge.

F. P. Stager, Salem, argued the cause for appellant. With him on the briefs was A. C. Goodrich, Bend.

Ronald L. Marceau, Bend, argued the cause for respondent. With him on the brief were O. M. Panner, and McKay, Panner, Johnson, Marceau & Karnopp, Bend.

In Banc. Holman, J. McAllister, J., dissenting.

Holman

Plaintiff brought this action for damages resulting from injuries allegedly incurred in an automobile accident. She appealed from a judgment for defendant entered pursuant to a jury verdict.

Plaintiff's vehicle was hit from the rear while she was stopped, or virtually so, and was driven by the impact into the vehicle ahead of her. The damage to the vehicles was not great. She claims a cervical strain, causing pain in her neck and between her

shoulder blades, headaches, and numbness in her left arm. Defendant admits he was at fault, but he denies plaintiff was injured.

The first issue upon appeal is plaintiff's contention that the trial court erred in failing to submit to the jury as an item of special damages a bill for $1,334.70 for medical services rendered by a chiropractic physician who was a treating doctor and who testified as the only medical witness at the trial. He treated plaintiff from the day after the accident, May 2, 1969, to November of 1970, and again in October 1971 at a time shortly before trial. Plaintiff received other services from medical doctors but these expenses were paid by defendant's insurer.

The trial judge ruled that there was no evidence from which the jury could infer that the injuries for which the doctor said he treated plaintiff resulted from the accident or that the treatment was necessary. The trial judge was in error. Plaintiff testified she was injured in the accident on May 1, 1969. The doctor testified as follows:

"Q Can you refer to your records, or by your memory, tell us when you first started to treat her and for what?

"A As I recall, May 2nd, early May, 1969, for the result of a whiplash or cervical ...


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