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Fleming v. State2/17/1999
me. I was ready to go home. It was 9:30 at night. So, that's what we did.
Q. So, when did you first go to see a doctor?
A. Went to the doctor Monday morning.
Q. This wreck happened on what day of the week?
A. Saturday evening.
Q. So, what doctor did you go to?
A. I went to Dr. Redmond in Dayton.
Q. And then were you diagnosed at that point?
A. He took x-rays of my hand, my neck and my right knee, and pretty much told me I'd been in a bad accident. And that angered me.
So, I went and I talked to my insurance agent. They said go to any doctor you want. So, I went to two specialists in Houston , one more for my hand and one for my knee.
Q. What were your injuries? Let's start with your knee. What were your injuries to your knee?
A. Had a torn medial meniscus, which is cartilage tear on the inside of my knee.
Q. What was wrong with your hand?
A. After x-rays the doctor said I just had a severely jammed hand.
Q. Did you ever have surgery on either one of your injuries?
A. I had surgery on my right knee.
Q. When was your surgery?
A. It was four days before Thanksgiving of `95.
Q. What did that surgery entail? You said you had torn cartilage. What did they do when they went in?
A. Had arthroscopic surgery. They went in and removed the torn cartilage and clipped it off.
Q. Has your knee bothered you or have you had problems with your knee since your surgery?
A. Yes, ma'am.
Q. Have you had problems with your hand since your surgery?
A. Yes, ma'am. Now it hurts all the way up to my elbow.
Q. So, your injuries have been aggravated?
A. Yes, ma'am.
Q. In your opinion, Randy, did you suffer serious bodily injury?
[Trial Counsel]: I object. He's not qualified to state an opinion on that matter, Your Honor.
[State]: Your Honor, it's his body. I think he can testify what his opinion is.
THE COURT: You all approach the Bench.
(WHEREUPON, THERE WAS AN OFF-THE-RECORD DISCUSSION AT THE BENCH, AFTER WHICH THE FOLLOWING PROCEEDINGS WERE HELD IN THE PRESENCE OF THE JURY, TO-WIT:)
THE COURT: Sustain the objection.
Q. Randy, when you talked to your doctors about your prognosis for both of your injuries, did they ever indicate to you that you were going to have prolonged problems?
[Trial Counsel]: Objection to hearsay, Your Honor.
THE COURT: That is sustained. Yes.
Q. Have you had problems with your injuries since the accident?
A. Yes, ma'am. It still hurts.
Q. How much work have you missed, Randy, because of the accident and your injuries?
A. Up until the time of my accident I'd not missed a day of work in 13 years. Because of the surgery I missed right at six weeks of work. Not to mention longer than that, three and a half months that my stump removal business was completely out of service.
Cross-examination of Bivins regarding his injuries consisted of this brief exchange:
Q.[Trial Counsel] Would you consider your injuries life-threatening that you sustained in this accident?
A.[Bivins] At the time of the accident?
Q. Yes, sir.
A. No, sir.
The evidence as to the injuries sustained by Howard and Bivins is certainly legally sufficient proof of "bodily injury" as defined in the Penal Code. The question, however
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