Traumatic Brain Injury Lawsuits: Is Submission of Medical Records an Abuse of Discretion?
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Following a rear-ending car incident in 2017, Samantha Braun claimed various injuries including traumatic brain injury, while the other party admitted fault.
The Case: Braun v. Wollman
The Court: South Dakota Supreme Court
The Case No.: 30440-a-PJD
The Plaintiff: Braun v. Wollman
The plaintiff, Samantha Braun, filed a traumatic brain injury lawsuit and the case proceeded to a jury trial to determine damages. Claming various injuries in addition to trauamatic brain injury, Braun sought significant damages.
The Defendant: Braun v. Wollman
The defendant, Wollman, admitted fault for the vehicular accident.
The Trial: Braun v. Wollman
During the trial, Braun objected to the submission of several of her medical records citing business records hearsay exception. The Circuit Court of the Fifth Judicial Circuit overruled most of Braun’s objections and admitted the records. After the jury awarded her $125,000 (a significantly lower amount than she originally requested in damages), Braun appealed, claiming that the admission of her medical records was an abuse of discretion that prejudiced her right to a fair trial.
On Appeal: Braun v. Wollman
Braun appealed the $125,000 in damages awarded by the Circuit Court of the Fifth Judicial Circuit Jury, claiming the admission of her medical records was prejudicial and erroneous. After reviewing the case, the Supreme Court of South Dakota found that the circuit court erred in admitting the medical records under the business records exception since there did not appear to be sufficient foundation. They also determined that Braun’s statements in the records were admissible as non-hearsay, and some statements were admissible under the medical diagnosis or treatment exception. However, the Supreme Court concluded that Braun, the plaintiff, did not demonstrate substantial prejudice affecting the jury verdict and affirmed the circuit court’s decision upholding the $125,000 award of damages.
If you have questions about filing a California traumatic brain injury lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable traumatic brain injury attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.
