Doty v. Wells

Rees, J.:

This is an action for personal injury resulting from a rear-end automobile accident. A jury found plaintiff sustained total damages of $28,000 and attributed causal fault 90% to defendant and 10% to plaintiff. Plaintiff was awarded judgment of $25,200. Defendant appeals.

Defendant proffered into evidence the entry in a treating physician’s office record reciting a pre-accident complaint of “Headache - Terrible - Bad - Age??” and a contemporaneous entry by the same treating physician in a hospital record reciting “Patient has terrible headaches which she blames upon her age.” Plaintiff…