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Hess v. Ford Motor Company8/18/2000
DECISION AND JUDGMENT ENTRY
This is an appeal from a judgment of the Lucas County Court of Common Pleas entered upon a jury verdict finding that plaintiff-appellee, Terri L. Hess, is entitled to participate in the Workers' Compensation Fund for the condition of a herniated disc at C6-7.
Appellant Ford Motor Company now raises the following assignments of error from that judgment:
"I. THE TRIAL COURT ERRED IN DENYING DEFENDANT- APPELLANT FORD MOTOR COMPANY'S MOTION FOR A DIRECTED VERDICT.
"II. THE TRIAL COURT'S JUDGMENT ENTERED UPON THE JURY'S VERDICT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."
On June 13, 1996, Terri Hess was working at her regular job as an assembly worker at Ford's Maumee, Ohio plant. As an assembly worker, Hess would often be assigned to various jobs in a single day. Due to a previous work related injury (severe carpal tunnel), Hess was only permitted to work with restrictions. Those restrictions required Hess to avoid repetitive bending of her right wrist, to avoid repetitive lifting of over ten pounds and to wear wrist splints at all times when she was handling steel. On June 13, 1996, Hess was initially assigned to a windshield wiper assembly line, which is a one-person job. After a short while, however, her foreman and superintendent decided to try to increase production on a new line which handled back inside panels for F-Series trucks. Normally, this job requires two assembly workers who rotate their positions. Prior to rotating, they stack the panels onto the inclined conveyor belt. The foreman decided to see if they could increase their numbers by having Hess continually stacking the panels so they could run the press continually. After stacking the panels for about one hour, Hess started feeling pain in her right shoulder so she took aspirin. She was later assigned to other lines, but the pain in her shoulder worsened throughout the day. She continued to take aspirin until the end of her shift.
After Hess's shift ended she went home to take a hot shower to help relieve the pain, but it continued. Hess then took more aspirin and went to bed. At approximately 4:00 the next morning, Hess awoke in excruciating pain and was unable to sit up in bed. Her son then helped her get dressed and took her to the hospital. At the hospital, Hess was diagnosed with a back sprain/strain and was given pain medication. She then had her son drive her to the Ford plant in order to see Dr. Charles Prezzia, the plant doctor. Hess, however, was in excruciating pain and was nauseous from the pain medication so the plant nurse told her to go home and to return on Monday, June 17, 1996, to see Dr. Prezzia. The nurse's notes from that visit state: " * SHE WORKED ABOUT 10 JOBS YESTERDAY AND ISN'T SURE WHAT CAUSED HER PROBLEM BUT IT IS DUE TO WORK."
On June 17, 1996, Hess returned to the Ford plant to see Dr. Prezzia. Dr. Prezzia examined her for approximately seventeen minutes after which he diagnosed her as having cervical degenerative joint disease, a natural deterioration of the cervical discs. Dr. Prezzia indicated in his notes from this appointment that this disease was not caused by any event at work. He then suggested that Hess see her family doctor.
That same day, Hess did see her family doctor, Dr. Aguillon, who prescribed additional pain medication and arranged for her to start physical therapy. During her first physical therapy session, however, the therapist realized something more severe was wrong with Hess's neck and sent her back to Dr. Aguillon. Dr. Aguillon then ordered an MRI of Hess's neck which showed a severe herniation of the C6-7 disc. Dr. Aguillon then referred Hess to Dr. Duane B
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