Boone v. Brown

Gilbert, J., delivered the opinion of the Court. Wilbert Boone (Boone) is dissatisfied with the verdict of $943.24 rendered in his favor by the Baltimore City Court. A separate verdict of $263.88 for Boone’s wife, Katie, as a result of damage to her motor vehicle, is not challenged on this appeal. Judge Ross directed a verdict for Mrs. Boone for the said sum after the amount had been agreed to by counsel.

Thus, we are concerned here with only Boone’s portion of the judgment. On May 17, 1969, Boone was operating his wife’s motor vehicle south on Bloomingdale Road, in Baltimore City. As he approached the intersection of Bloomingdale ⁶²⁰ Road and West Presbury Street, he stopped the vehicle in a line of traffic approximately nine cars long, all of which were waiting for the signal to change at the intersection in order that they might proceed. While stopped, the vehicle he was operating was struck in the rear by a vehicle owned and operated by Clifton Brown (Brown).

Mr. Boone testified that upon impact he was thrown into the steering wheel and twisted his back. He says that approximately four hours after the accident he went to the family physician who gave him an injection and therapy. The evidence revealed that he remained under the care of the physician for about three months and visited the doctor on twenty-seven occasions, at which times he received therapy. He wore a brace for his back and a surgical collar for his neck.

He testified that the impact was so severe that it broke the front seat of the vehicle he was operating and drove him into the car stopped in front of him. However, at the trial, the estimate of repairs failed to substantiate the former claim. As a result of the injuries Boone lost twenty days employment. He was, however, paid for the time that he was off from work, The testimony established that the special damages consisted of $519.94 for medical expenses and $423.30 in lost wages.

The jury’s verdict was the total of these two figures. Boone related to the jury that at the time of the impact he could not move for a few moments because he was injured and was in pain. He acknowledged that he made no complaint of injury to the investigating officer and that he told the Appellee (Brown) that he did not know whether he was hurt, but that he was “getting stiffer.” Boone left the scene of the accident with Brown and drove Brown to Brown’s home following the accident in order to get “insurance information” from him. Boone was questioned extensively on his health prior to the accident which he testified was excellent as far as he knew.

On cross-examination it developed that the records ⁶²¹ of the Baltimore Gas and Electric Company, his employer, indicated an unrelated condition of gout, and “angina pain of the heart area.” He had testified that he had difficulty walking because of the accident, but gout, it was pointed out, gives rise to the same difficulties. In his opening statement, counsel for Brown advised the jury that Boone was paid for the days he lost from work by the Gas and Electric Company. Boone’s attorney moved for a mistrial, which was denied by Judge Ross. Brown admitted that he was responsible for the accident and the only question presented to the jury was one of damages as a result of the degree of injury to the plaintiff.

The plaintiff’s doctor testified that plaintiff had “ten to fifteen percent disability of the neck as well as of the back.” There was some question as to when the plaintiff first saw the physician. The doctor testified initially that he first saw the plaintiff on the 17th of May, the date of the accident, then stated he had first examined him on the 19th of May, then corrected this to the 17th, and stated that he began giving treatments on the 19th of May. The doctor’s report failed to show that he saw Boone on the 17th of May, although he testified that he had a “note” that he actually saw him on the 17th. On appeal, Boone raises the sole contention