Grassl v. Nelson

Defendant and his insurer make two claims on this appeal: (1) That the testimony of Dr. Albert Ficke was prejudicially allowed to reach the jury; and (2) that the award of damages made by the jury is excessive. Each claim will be considered separately.

WAS THE DOCTOR’S OPINION PROPERLY ADMISSIBLE?

We answer this question in the affirmative.

The sharp focus of challenge is to the trial court’s permitting the medical witness for the plaintiff, Dr. Albert Ficke, to state that in his opinion the plaintiff would have an increase in spinal curvature each year and would require treatment by reason of…