Opinion
48047 Record No. 920119 Circuit Court No. L-16480-RW
November 6, 1992
Upon an appeal from a judgment rendered in the Circuit Court of the City of Newport News on the 29th day of October, 1991.
Upon consideration of the record, the briefs, and the argument of counsel, the Court is of opinion that the judgment appealed from is erroneous because the trial court erred in admitting into evidence the documents in question. (Assignments of Error 2 and 3). Accordingly, the judgment is reversed and annulled, and the case is remanded to the said circuit court for a new trial.
This order shall be certified to the said circuit court.
ORDER
VIRGINIA:
In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday, the 6th day of November, 1992.
In this action seeking recovery for personal injuries arising from an automobile accident, appellant Nidia Toro sued appellee Jacquelyn Batten, alleging that the defendant was negligent in the operation of her motor vehicle, which collided with the rear of the plaintiff's vehicle. The case was submitted to a jury on the issue of damages only. The jury returned the following verdict: "We, the jury, do not find the plaintiff sustained any damages from the accident . . . and thus find our verdict in favor of the defendant." The trial court entered judgment on the verdict.
A majority of this Court reverses the judgment below on the ground that the trial court erroneously admitted two documents into evidence: a purported chiropractic treatment record and a document containing a typewritten interpretation of handwriting on the document. I will assume, arguendo, that the admission of the exhibits was error. Nevertheless, I believe that the admission was harmless, rather than prejudicial, error.
The defendant's vehicle sustained no damage in the accident and the plaintiff's vehicle sustained only minor damage. The plaintiff made no complaints of injury at the time; both parties drove themselves from the scene without calling the police or summoning any medical assistance.
The plaintiff sought no medical treatment for over two months after the accident; her first treatment was not from any of several available physicians but was from a chiropractor. A friend of the plaintiff testified that the plaintiff admitted she had not been hurt in the accident, but said that she intended to file a lawsuit anyway because she saw "an opportunity to make some money." The plaintiff attempted to justify her actions in making a false claim by saying, "Everyone does it." In addition, there was testimony that the uninjured plaintiff told the witness that she was seeing a chiropractor who would help her find a physician who would support her claim of disability. There was abundant other evidence which established that the plaintiff was making a false claim.
The documents ruled inadmissible by the majority contained information that bore on the plaintiff's credibility. In my opinion, and ignoring the challenged documents, the jury was presented with overwhelming evidence that the plaintiff was not injured in the accident in question. In this case, it plainly appears from the record and the evidence received at the trial that the parties have had a fair trial on the merits and that substantial justice has been reached; thus, the judgment should not be reversed for any error committed during the trial. Code Sec. 8.01-678.
Consequently, I would affirm the judgment of the trial court.