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Mansour v. Linganna

Damages judgment in favor of plaintiff affirmed because trial court did not make any reversible errors; telephone testimony by expert witness was within the fair scope of his pretrial report; judge had a right to interrogate expert.

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� 1 Bhattarahally Y. Linganna, M.D., appeals from the February 1, 2001 judgment entered in favor of appellees, the Mansours. Appellees initiated this personal injury action following an automobile accident in which appellant’s vehicle struck appellee/husband’s vehicle head on.

� 2 Appellant admitted liability and a partial directed verdict was entered in favor of appellees. With respect to damages, however, there existed a dispute as to whether the injuries for which appellees were seeking damages were caused by the November 7, 1994 accident. The evidence revealed that appellee/husband was involved in a number of prior accidents producing injuries similar to those he claims to have sustained in the November 7, 1994 accident.

� 3 The jury, finding appellant’s negligent conduct was a substantial factor in bringing about injuries to appellee/husband’s head, face, hand, chest and cervical spine, awarded damages in the amount of $70,000. Thereafter, delay damages were added and the verdict was molded, for a total verdict of $85,008.29. Appellant’s motion for post-trial relief was denied, judgment was entered and this appeal followed.

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