Facts
- In 1997, Robin Albert injured her back in a motor-vehicle collision and experienced headaches, back pain, and hip pain.
- Albert received chiropractic treatment for those symptoms, and the treatment ended in April 1999 after her condition improved.
- In July 1999, Hampton sideswiped Albert’s vehicle.
- After the July 1999 collision, Albert’s earlier symptoms returned; the impact reactivated her prior injuries.
- Albert sought chiropractic care again to address renewed pain, incurring additional medical bills.
- Albert also missed work to attend chiropractic appointments and claimed lost wages for that time.
- Albert testified that pain limited her ability to engage in hobbies and ordinary daily activities.
- Although Albert continued working, she stated that her long commute and long hours made her pain worse.
- Albert’s chiropractor, Dr. Nolz, testified that the July 1999 collision caused a 10% permanent partial disability.
- Dr. Nolz also testified that Albert’s pain could not be eliminated permanently but could be relieved temporarily with chiropractic treatment twice per week at $33 per visit.
- The court found Albert had proven past damages of $3,721 in medical expenses, $590 in lost wages, and $1,040 for past pain and loss of function of body and mind, and then addressed claimed future damages.
Issues
- Whether the evidence supported an award of future medical expenses by showing a reasonably certain need for ongoing chiropractic treatment and a sufficiently definite basis to estimate its cost.
- Whether evidence of continuing symptoms and permanent partial disability supported an award for future pain and suffering and future loss of function of body and mind.
- Whether, and to what extent, Hampton could be held responsible for future harms when the July 1999 collision aggravated or reactivated Albert’s preexisting condition.
Decision
- The court found Hampton liable for negligence arising from the July 1999 sideswipe collision.
- The court awarded Albert $3,721 in past medical expenses, $590 in lost wages, and $1,040 for past pain and loss of function of body and mind.
- In considering future damages, the court credited Dr. Nolz’s testimony that the July 1999 collision caused a permanent partial disability and ongoing symptoms.
- Based on the evidence of continued pain, functional limits, and the stated frequency and cost of treatment, the court awarded damages for future medical expenses and for future pain and loss of function of body and mind attributable to the July 1999 collision.
Legal Principles
- Future damages are recoverable only when supported by evidence showing they are reasonably certain to occur, not based on speculation.
- Future medical expenses may be awarded when medical testimony establishes the probability of continued treatment and provides enough detail—such as expected frequency and cost per visit—to permit a reasoned estimate.
- Future non-economic damages (including future pain and suffering and future loss of function of body and mind) may be awarded when evidence shows continuing symptoms or a permanent impairment caused by the defendant’s negligence.
- A defendant is responsible for the aggravation or reactivation of a preexisting condition to the extent the plaintiff proves the defendant’s conduct caused additional harm and future consequences with reasonable certainty.
- A factfinder may consider both medical testimony and the plaintiff’s testimony about ongoing pain and activity limits when determining future damages.
Conclusion
In Albert v. Hampton, the Iowa trial court concluded that Hampton’s negligence reactivated Albert’s prior back-related condition and caused a permanent partial disability, and it awarded future medical expenses and future pain and functional-loss damages because the combination of Albert’s testimony and Dr. Nolz’s testimony supplied a reasonably certain basis for future harm and the cost of ongoing chiropractic care.