Neely v. Bennett

1 Appellant Ranae Neely appeals from the trial court's denial of her motions for a directed verdict and for additur or a new trial. We affirm.

Background

2 "On appeal, we review the record facts in a light most favorable to the jury's verdict and recite the facts accordingly." State v. Brown, 948 P.2d 337, 339 (Utah 1997).

3 In May 1996, while waiting in his Ford Escort for a traffic light to change from red to green, Stephen Bennett's foot slipped from the clutch causing his car to lurch forward and strike the rear of Neely's Ford Ranger at an approximate speed of 5 miles per hour. Both Bennett and Neely got out of their respective vehicles and inspected the damage. Bennett's car had a small dent on the right front bumper and Neely's truck suffered a small amount of damage to its rear bumper. The estimated cost to repair both vehicles was later determined to be $200. After the accident, and without repairing the minor damage to the rear bumper, Neely decided to store her truck in her garage, chiefly to preserve the truck as evidence of her claim.

4 While neither Bennett nor his children, who were his passengers in the Escort, suffered any ill effect from the accident, Neely's husband took her directly from the accident site to a local hospital emergency room. There, approximately two hours after the accident, Neely reported that she had not struck her head, but that she had a mild headache. After conducting an examination, the emergency room physician noted Neely's headache on her chart as well as noting that she had tenderness in her neck and upper back. The doctor then released Neely.

5 The next day, Neely informed her supervisor that she had been in a minor accident and that while she was upset by the incident she was otherwise okay. A few days after that conversation, Neely showed up at work wearing a neck brace and complaining of neck pain. Later, however, Neely's supervisor drove by Neely's home and noticed Neely outside without the neck brace. Approximately one week after the appearance of the neck brace, Neely approached her supervisor and told her that something was wrong with her brain and that surgery was possibly the only treatment. Then, after another week, Neely told the supervisor that something was wrong with her jaw. Three more weeks passed before Neely arrived at work with a previously nonexistent stuttering problem.

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¶17 Accordingly, we affirm the trial court's denial of Neely's motions for directed verdict and for additur or new trial.

Affirmed for Defendant.

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C.L.