Keith Appleby v. B & B Transportation et al. (2010)

MEMORANDUM OF DECISION

The present action is a hearing in damages arising out of a one-vehicle accident occurring on 9/13/06 in which the vehicle ran off the roadway and struck a median barrier.   As a result of the impact, the plaintiff who was a passenger in the minivan school bus, hit his head and chest on the interior of the vehicle.   He was taken to the Milford Hospital via ambulance where he complained of mid low back pain and pain to his left jaw.   He was examined in the emergency room, x-rays taken of his back.   Diagnosis was low mid back pain and left jaw pain.   He was released to follow up care with his own physician and proscribed bed rest, heat applications for back and over-the-counter pain killers.  [See EX 4.] For a period of approximate a few weeks thereafter plaintiff claimed he continued to suffer moderate to severe pain to his back and jaw.   Despite these claims he was able to continue with his extra curricular activities as captain of the school's water polo team playing in scheduled competition and actively participating in practice sessions five days a week.   He did miss a few practice sessions due to back pain, but completed the polo season and participated in a majority of the polo matches.   He followed this activity during the winter season with active participation on the school's swimming team of which he was its captain.   His injured conditions did not adversely affect his academic pursuits.   All tolled, he missed one full day of school, which was the day following the accident.   Although the plaintiff also claims [para 10, complaint] that the injuries will in the future prevent him enjoying or pursuing life's daily, social and recreational activities, he offers no evidence to support that claim.

Additional medical/dental treatment.   Three days following the accident he was seen and examined and x-rays taken of his back by his personal physician, Dr. Downing.   Dr. Downing diagnosed plaintiff's back condition as an acute lumbosacral sprain and a right rib contusion.   He was requested to check back with Downing in 4 weeks and in the interim was advised to ice his back and to take over-the-counter pain killers to relieve the back pain.   He was referred to an ENT specialist for evaluation of his jaw injury.  [See EX 6.] However, there is no evidence that he ever saw that specialist nor is there any evidence of a follow-up visit with Dr. Downing as recommended.  [See EXs 7, 10, 14 & 15.]   There is also no evidence that the back and rib cage injuries would likely be permanent.  [See EX 6.]

On 9/22/06 the plaintiff first saw a dentist about his jaw pain.  [See EX 7.] After examination, including x-rays, Dr. Tesser determined that the pain in the left side of his jaw, molar, # 19, was caused by the accident and had become infected;  that he would require a root canal and crown once the infection was successfully treated.  [See EX 7.]

Plaintiff treated with Dr Tesser between 12/18/06 and 12/15/08 some of which treatment was for routine dental work unassociated with the accident claim.   [EX 7 & 15.]   The root canal was performed by Dr Tesser on 9/22/06.   The crown was installed on 12/15/08 [EX 15.]   Upon discharge, plaintiff was advised that there was a possibility that the tooth (# 19) could crack in the future and the need for extraction, implantation and/or the possibility of re-infection in the area of tooth # 19.   Plaintiff indicated that he did experience some pain during the root canal and subsequent installation of the crown.

Almost 4 years after the root canal was performed, plaintiff was examined by Dr. McLaughlin (dentist) for a second opinion regarding the chances of future damage to tooth # 19.   Dr. McLaughlin's opinion was that although he found no pathology and the patient received an excellent root canal and restoration, considering his age, that over his lifetime (plaintiff had a life expectancy of 56 years as of 2010 [See EX 19.], it was likely with reasonable certainty that tooth # 19 would need to be replaced, reworked or extracted and an implant inserted.  [See EX 9.] The reasonable cost of an extraction and implant was estimated to be about $4,000.  [See EX 7.]

After a full hearing and considering all of the above facts, the court finds the plaintiff sustained the following Damages:

Special Damages to date $ 6,805.39

Less:

Unassociated expenses $ 409.00

Stipulated Collateral Sources (ins) 4732.90

Net Special Damages to date $ 1,663.49

Future Special Damages 4,000.00

General Damages to date 16,635.00

General Future Damages 28,000.00

TOTAL DAMAGES $50,298.49

COSTS TO BE TAXED TO THE DEFENDANT

BY THE COURT

MELVILLE, JTR

Melville, L. Scott, J.T.R.