Mr. K testified regarding the pain and discomfort he had experienced and was still experiencing. His attorney asked him about the medical form he filled out in Dr. U’s office. “Did you put down that you have diabetes when you filled out that form?” asked the attorney. “No,” replied Mr. K. “Why not?” queried the attorney. “Because it didn’t ask if I had diabetes,” said Mr. K. “I never saw the word ‘diabetes’ on there.”

The defense attorney pounced on Mr. K during cross examination. After making Mr. K state that he knew that he had diabetes, he launched into a line of questions about the medical form that had been filled out in Dr. U’s office.

“The form asked if you had any medical conditions, didn’t it?”


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“And it asked you to write down what the medical conditions were. There was a line under-neath the question for writing, wasn’t there?”

“I guess so.”

“Did you believe that diabetes wasn’t a medical condition?”

“I guess I expected it would ask specifically about things like that.”

After six hours of deliberation, the jury found Dr. U 54% at fault for Mr. K’s injuries, and Mr. K 46% at fault. The jury awarded $200,000 for past and present pain and suffering and $1,750,000 for future pain and suffering.