Nelson v. Erickson

Michael Erickson (defendant) rear-ended a car driven by Jess Nelson (plaintiff), which injured Nelson’s back. Nelson sued Erickson for negligence. Prior to trial, the parties stipulated that Erickson had been injured in the accident and that, in the eight months immediately following the accident, Nelson had incurred $9,361 in medical expenses. However, Erickson denied that Nelson was entitled to damages for past or future pain and suffering or for future medical damages. The trial occurred three years after the accident. At trial, Nelson’s medical expert testified that Nelson had degenerative disk disease that had been aggravated by the accident; that Nelson still experienced neck and back pain from the accident; and that if the pain continued, Nelson would need cervical epidural injections to alleviate the pain. Nelson, his family members, and his friends testified that continuing pain from the accident had caused him to limit his activities. Erickson’s expert testified that Nelson had suffered a soft-tissue injury that should have resolved itself within weeks to months and that Nelson should not be in ongoing pain. In closing arguments, Erickson’s attorney conceded that Nelson’s pain was ongoing but argued that there was no evidence that the accident had caused pain lasting more than six to eight months. The jury awarded Nelson past noneconomic damages as well as past and future medical expenses, but it did not award damages for future pain and suffering. The trial court granted Nelson’s motion for additur, increasing the jury’s award for future pain and suffering from $0 to $3,000. Erickson appealed.