Nichols v. Brugger CA5

Filed 4/9/14 Nichols v. Brugger CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

CLARISSA LONN-NICHOLS, F066232 Plaintiff and Appellant, (Super. Ct. No. 633151) v.

THEODORE BRUGGER, OPINION Defendant and Respondent.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Roger Beauchesne, Judge. Jakrun S. Sohdi, for Plaintiff and Appellant. McNamara, Ney, Beatty, Slattery, Borges & Ambacher, Wilma J. Gray and Christopher T. Lustig for Defendant and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Franson, J.

A jury awarded appellant, Clarissa Lonn-Nichols, $109,342.37 for personal injury damages stemming from a traffic collision. The trial court granted respondent Theodore Brugger’s motion for judgment notwithstanding the verdict (JNOV) and struck the jury’s award of $49,500 for future medical expenses on the ground the evidence was insufficient as a matter of law to support the jury’s verdict as to that award. Subsequently, an amended judgment was entered for Lonn-Nichols in the amount of $59,842.37. Lonn-Nichols appeals, challenging the granting of the JNOV.1 We will affirm. FACTS AND PROCEDURAL HISTORY In November 2006, Brugger’s truck ran a red light and struck the car Lonn- Nichols was driving. Lonn-Nichols was transported to the hospital in an ambulance with left hand, arm and neck pain. At the hospital, her neck was X-rayed, her arm was splinted, and she was discharged with instructions to followup with her primary care physician, Dr. Knapp, which she did promptly. She had a stiff neck and upper back, which Dr. Knapp diagnosed as a cervical thoracic sprain. Dr. Knapp referred her to an orthopedist, who diagnosed two broken bones in her hand and casted her arm. Lonn-Nichols continued to see Dr. Knapp for neck pain and headaches, which he treated with medications and physical therapy, but her pain persisted. In 2009, Dr. Knapp referred her to Dr. Levin, a neurologist, who diagnosed a C5-6 cervical disc protrusion with radiculopathy. At trial, Dr. Levin testified he had not seen Lonn-Nichols since April 2010, but examined her on June 6, 2012, in the court hallway before he testified. Dr. Levin opined that Lonn-Nichols’s problems would probably not resolve on their own and future treatment options for problems such as hers would include physical therapy, pain management and possibly surgery. In 2012, Dr. Knapp referred Lonn-Nichols to Dr. Ma, a neurologist, for neck pain and headache. Dr. Ma did not testify but her medical records