Gunno v. McNair

Ashley Gunno (plaintiff) was injured in a car accident caused by Kevin McNair (defendant). Gunno reported intense neck and back pain at the emergency room. She was later treated by an orthopedic specialist and a physical therapist but still reported pain after treatment. After Gunno’s neck pain intensified, she saw a chiropractor, who determined that Gunno had muscle spasms and decreased range of motion. The chiropractor’s treatment reduced but did not eliminate Gunno’s pain. Gunno eventually sought more chiropractic treatment but discontinued the treatment without full relief because she could no longer afford it. Gunno sued McNair for negligence. At trial, both Gunno and her husband testified that she suffered ongoing pain caused by the accident. Gunno’s chiropractor testified that she was permanently injured due to the accident and that she would never be fully pain-free. McNair’s expert challenged Gunno’s credibility. The expert conceded that Gunno had been injured in the accident but opined that her current pain was subjective. McNair’s expert also testified that Gunno had revealed to him that she had fallen one month after the accident, exacerbating her pain. Gunno’s attorney made a strategic decision not to offer her medical bills into evidence or to request damages for past medical expenses or lost wages. The jury found that the accident had caused Gunno’s injury, but it awarded $0 in damages. Rather than object to the verdict, Gunno moved for a new trial. The trial court denied Gunno’s motion, and Gunno appealed, arguing that the jury’s verdict was inconsistent.