Queen v. McDaniel

Banke, Chief Judge.

The appellants sued the appellee to recover for personal injuries they allegedly sustained when the appellee attacked them in the checkout line at a grocery store. The appellee counterclaimed to recover some $14,500 he had previously paid to the appellants as reimbursement for their medical expenses. A jury found for the appellee on both the main claim and the counterclaim. On appeal, the appellants contend that the trial court erred in sustaining the appellee’s objection to the following medical testimony and in striking the testimony from the record: “DIRECT EXAMINATION BY [appellants’ attorney]: Q. Doctor, would you state your full name, please, for the court? A. Richard N. Klaus . . . Q. Dr. Klaus, what type of medical specialty do you have? A. I’m an orthopedic surgeon. Q. And in particular, what is an orthopedic surgeon, just generally what? A. An orthopedic surgeon is a specialist in the practice of medicine who treats and reconstructs injuries to the bone and joints, ligaments and muscles attached with modality such as casting, physical therapy, medicine, sometimes injections, and sometimes surgery. Q. Did you have occasion to treat [appellant] Linda Queen on August 6th, 1980; . . . A. Yes. Q. And what did you treat her for on that date? A. She stated, and I used her quotes, a belligerent intoxicated person ran a grocery cart into her low back and flank which caused exacerbation of her pain. I had been treating her before, since September of 1977, and I had last seen her in March of 1980 prior to this, so that was five months previously, I guess. Q. Did you have occasion prior to August 6th, 1980, to perform a myelogram on Mrs. Queen? A. September 17th, 1979. Q. And was that negative or positive? A. That was normal. It did not show any abnormalities of the discs. Q. Did you have occasion subsequent to August 6th, 1980, to perform surgery on Mrs. Queen? A. ... I did perform a repeat myelogram on her February 3rd, 1982. I did inject medicine into her spinal canal, next to her spinal canal under x-ray visualization in May of 1982, and those are the two surgical procedures I did perform here after . . . that August of 1980 injury . . . Q. On June 7th of 1982 did you perform anything? A. June 7th, excuse me, of 1982 I did explore for a disc . . . Q. And how long did she remain in the hospital? A. She was operated on the 7th and went home 12 days later, June 19th. Q. And was all the treatment you’ve rendered her necessary? A. Yes, sir. Q. Is she still presently under your care? A. Yes, sir. And I last saw her September 17th, this *505month, this year. [Appellants’ attorney]: That’s all I would have. [Appellee’s attorney]: Your honor, I object to Dr. Klaus’s testimony, move it be stricken on the grounds he has not been qualified in any way as an expert in this courtroom. THE COURT: At this point I think your objection is well-taken. [Appellants’ attorney]: Your Honor, he was testifying as a treating physician, not as to his expertise. THE COURT: At this point I think the objection is well-taken and I sustain it . . . [Appellee’s attorney]: Your honor, I would request the court give a limiting instruction to the jury striking Dr. Klaus’s testimony. THE COURT: Yes, sir. It’s not admissible. It’s been withdrawn from your consideration. You’re to not weigh Dr. Klaus’s testimony in making your verdict.” Held:

Generally speaking, nothing more is required to qualify a witness as an expert than to show that, through education, training, or experience, he has special knowledge concerning the matter of science or skill to which his testimony relates. See generally Tifton Brick &c. Co. v. Meadow, 92 Ga. App. 328, 330-331 (88 SE2d 569) (1955); Martin v. Newton, 129 Ga. App. 735, 736 (201 SE2d 31) (1973).

Dr. Klaus identified himself as a practicing specialist in orthopedic surgery, and the appellee did not undertake by cross-examination or otherwise to suggest that this was an incorrect designation. The only opinion the witness offered during the course of his testimony was to the effect that his treatment of Mrs. Queen had been medically necessary. We find no basis for a determination that the witness was unqualified to offer such an opinion. Accord Brisendine v. Hunt, 43 Ga. App. 115 (2), 118-119 (158 SE 469) (1931). Consequently, we hold that the trial court erred in instructing the jury not to consider the doctor’s testimony.

Judgment reversed.

Deen, P. J., Birdsong, P. J., Carley, Sognier, Pope, Benham, and Beasley, JJ., concur. Deen, P. J., and Beasley, J., also concur specially. McMurray, P. J., dissents.