Charles and Elizabeth Corra had filed a lawsuit in 2013 against Ryan Lynn Harnish, saying Charles Corra sustained injuries in an accident when a car he was driving was rear-ended by one driven by Harnish.
Corra alleged he sustained medical expenses of $25,642.62, a majority of those attributed to his knee. Harnish admitted fault for the accident and that the wreck was responsible for Corra’s back and neck problems. But he denied the accident caused Corra’s knee problems, saying a pre-existing condition was behind the knee problems and subsequent surgery.
In testimony, George Takodi, the doctor who performed knee surgery on Corra, said his patient had two issues. One was an L-shaped defect he said resulted from the accident. The other was arthritis under the kneecap that likely was aggravated by the accident.
However, Harnish had orthopedic surgeon David Santrock testify that the L-shaped defect was not caused by the accident, but rather was from normal wear and tear. He said there was no evidence of a direct blow to the knee during the accident. Santrock said both injuries to Corra’s knee were pre-existing conditions.
Wood Circuit Judge J.D. Beane informed the jury Corra could not receive damages for pre-existing injuries, only for aggravations from such injuries caused by the accident. The jury awarded Corra $9,620.59 for injuries to his neck and back.
Corra filed a motion for a new trial, claiming evidence showed the knee condition was caused by the wreck. He was granted a new trial in 2015. Harnish, in turn, asked the court to reconsider the awarding of the new trial. The court affirmed its order granting Corra a new trial, so Harnish appealed to the Supreme Court.
Justice Brent Benjamin wrote the opinion for the court, which makes Corra unable to receive compensation for his claim for damages from the knee injury.
“In light of the evidence presented at trial, we conclude that the jury’s verdict is supported by evidence that the L-shaped defect in Mr. Corra’s knee was not the result of the car accident caused by Mr. Harnish, and that Mr. Corra’s right knee pain that manifested itself subsequent to the car accident was not caused by the accident,” Benjamin wrote. “Therefore, we find that the circuit court’s decision to grant the Corras a new trial based on its finding that the jury verdict was against the weight of the evidence was an abuse of discretion.
“Accordingly, we reverse the April 10, 2015, order … that granted the Corras a new trial, and we remand this case for reinstatement of the jury verdict.”
The Corras were represented by David A. Mohler, Christopher L. Edwards and Joshua A. Johnson of Bowles Rice in Charleston. Harnish was represented by Richard D. Dunbar of Dunbar & Fowler PLLC in Parkersburg.
West Virginia Supreme Court of Appeals case number 15-0393
