Kauffman v. Love

Prr Curiam. The sole question presented in this appeal from the Circuit Court for Baltimore County is the propriety of the instruction of the trial court. Appellant (Kauffman) claims error in that the trial court permitted the jury to consider future medical expenses in estimating damages. We hold the action of the trial court to have been proper.

The case arose out of an accident on April 26, 1964. Appel ²⁵² lee Robert Love was operating his car in a southerly direction on Klee Mill Road. He came to a stop at the intersection of Klee Mill Road and Liberty Road. Marian V. Wagner was operating her car in a westerly direction on Liberty Road and had come to a stop in order to make a left-hand turn at the same intersection.

Kauffman was operating her vehicle in a westerly direction on Liberty Road. It struck the rear of the Wagner vehicle, causing it to go off the road and strike the Love vehicle. The jury awarded a verdict of $8500.00 against Kauffman in favor of Robert F. Love and a verdict of $4500.00 against Kauffman in favor of Vergie Love. Kauffman objects to that portion of the charge to the jury wherein Judge Maguire said: “You may also consider the reasonable cost of medical expenses pertaining to the injuries which you may find the Plaintiff or Plaintiffs might have been required to incur in the past, for treatment of the injuries involved in the accident, and such reasonable sums, if any you find, that they probably will be required to expend in the future for medical expenses.” (emphasis added) Proper exception was taken by Kauffman to the charge.

Kauffman contends there was no testimony of any future medical expenses that could be considered, that there was no testimony by any doctor nor by the appellants themselves with reference to future medical treatment and, therefore, that this instruction would allow the jury to speculate. Robert Love is a carpenter. He testified: “I can’t hardly turn my head, especially fast. Whenever I am driving and looking round, it is awkward and it hurts, the upper part of my back the same way, just like muscle catches.” Love indicated that this is “all the time” and that “weather makes it worse.” His physician testified that Love has a permanent disability of the neck region as a result of the accident.

There was testimony that Mrs. Love still had a soreness in her leg, that she still had a knot in her leg which sometimes ²⁵³ one could see, that she couldn’t wear high heel shoes because of the condition of her leg and that she had a weakness in her