Roger F. Havig v. Shayne A. Meinders, R. Michael Heston and Marsha Heston

Automobile Accident - Personal Injury - Roger Havig is self-employed in the appliance
repair business. He repairs ranges, washers, dryers,
refrigerators, air conditioning units, furnaces, and does duct
work, which is overhead work, in connection with the air
conditioning and furnace operations.

On June 19, 1995, he was involved in a motor vehicle accident. He
was driving his pickup truck in a southerly direction on North
Federal Avenue in Mason City, Iowa, when Shayne A. Meinders,
operating a Ford automobile owned by R. Michael Heston and Marsha
Heston, in a northerly direction made a left-hand turn in front of
Roger Havig which resulted in the collision.

Roger Havig told the police officer at the scene his shoulder was
sore from the seatbelt. An ambulance was called, however, when it
arrived, he rejected it. The officer then took him to his wife's
place of employment where he picked up her motor vehicle. He
returned to the scene of the accident to remove his tools from his
truck to go on another service call. While doing this, he felt a
shooting pain in his neck for the first time. He said it was sharp
and came all at once. He then returned to his wife's place of
employment and told her he was going to the hospital emergency
room.

X-rays were taken at the emergency room, and they were negative
except there was an indication of early degenerative narrowing of
the C3-4 and C5-6 disks which is consistent with arthritis. It was
also noted there was tenderness, especially on rotation of the
neck to the right. He was also given Ibuprofen and Flexeril, a
muscle relaxant. He went to work on the following Monday, but was
only able to work approximately three hours because of pain.

Due to ongoing pain after the accident, Havig sought the treatment of a Chiropractor and several other doctors to which he was referred when his condition did not significantly improve. Roger Havig's medical expenses include charges from the North Iowa
Mercy Health Center, Alternative Therapies, Dr. Douglas Sande, the
Mason City Clinic, Dr. David Beck, the radiologist of Mason City,
Miller Medical Service, Easter Pharmacy, and Cash Wise Pharmacy.
These total $11,438.10. His tax returns for the years 1993 to 1997
showed his income from his business increased each year.

The jury returned a verdict at 5:15 p.m. They awarded Roger Havig
a total of $12,938.10 for past medical expenses and loss of time
from work. They did not award any damages for past pain and
suffering, although they did award damages for past medical
expenses. In accordance with Cown v. Flannery, 461 N.W.2d 155, 160
(Iowa 1990), the court instructed the jury the law required an
award for past pain and suffering because they awarded damages for
past medical expenses. The jury then deliberated for approximately
fifteen additional minutes and returned a verdict adding an award
for past pain and suffering in the sum of $1500 for a total
verdict of $14,438.10. The original verdict included an award of
$1500 for past loss of time from work.

Roger Havig filed a motion for new trial contending the award for
pain and suffering in the amount of $1500 was a result of passion
or prejudice on the part of the jury, and it did not effectuate
substantial justice between the parties. The trial court granted
that motion.

Unknown

Unknown

Affirmed by the Court of Appeals of Iowa granting the motion for a new trial. See: __ N.W.2d ___ (Iowa App. 11-10-1999). Reported by kkm. Processed JF