[Download] "Callicutt v. Hawkins" by Court of Appeals of North Carolina No. 7119SC328 " Book PDF Kindle ePub Free

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eBook details

• Title: Callicutt v. Hawkins
• Author : Court of Appeals of North Carolina No. 7119SC328
• Release Date : January 23, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Plaintiff contends the trial judge erred in instructing the jury that there was no evidence that plaintiff sustained a permanent injury or would suffer future pain or incur future medical expenses as a result of the collision. There was no error in this instruction. The collision occurred on 6 June 1966. While plaintiff testified at the trial in November 1970 that his back ""hurts a little bit all the time, every day,"" and ""[i]t is paining me right now,"" he also testified that since the collision he had seen doctors only on two occasions. On 16 June 1966, ten days after the collision, he was examined by Dr. Everett L. Jeffreys in Winston-Salem. Arrangements for this examination were made by plaintiff's attorney. Dr. Jeffreys testified that he found plaintiff's condition normal except that in his opinion plaintiff had a small midline minimal herniation of the nucleus pulposus in the lumbar region in his lower back. Dr. Jeffreys did not testify that this injury would be permanent. Dr. Jeffreys did not again see plaintiff until they both appeared as witnesses at the trial. The only other doctor seen by plaintiff was Dr. Frank Edmundson, who examined plaintiff on 29 September 1970 at the request of defendant's attorney. Dr. Edmundson testified that ""[i]nsofar as the herniation of this disc which Dr. Jeffreys testified to, I can say he did not have one at the time I examined him.""

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