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Click here for the full text of this decision FACTS:Tod Hagen sued Danny Jameson for damages Hagen suffered in a chain-reaction collision started by Jameson. During closing arguments, Jameson’s attorney told the jury that despite Hagen’s claim for payment of medical bills, Aetna HMO had already paid those bills. Hagen objected, but the trial court did not make a ruling. The jury ruled in Hagen’s favor and awarded him more than $11,000 in damages. The jury did not, however, award Hagen any damages to recover for his medical costs. Hagen appeals. He complains about the statement made during closing arguments. And he argues that the jury’s refusal to award him his medical costs was against the great weight and preponderance of the evidence. HOLDING:Affirmed. The court agrees that the statement about Aetna HMO paying Hagen’s medical bills was improper, but the error was waived because Hagen did not secure a ruling on his objection and did not get the court to give a curative instruction. The jury’s refusal to award damages for Hagen’s medical costs was supported by the evidence, the court rules, because there was evidence supporting the jury’s implied finding that Hagen’s neck problems were not the result of the accident. There was evidence that Hagen’s problems were the result of normal aging and degeneration of his neck disks. OPINION:Whittington, J.; Whittington, James and O’Neill, JJ.

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