Summary
In Alexander v. Knight, 197 Pa. Super. 79, 177 A.2d 142 (1962), a Dr. Murtagh had examined and treated one of the plaintiffs shortly after the accident upon which suit was brought.
Summary of this case from Hammonds v. Aetna Casualty Surety CompanyOpinion
December 11, 1961.
January 16, 1962.
Practice — New trial — Verdict — Inadequacy — Personal injuries — Pain and suffering — Injury prolonged by emotional instability.
In an action for injuries arising out of a motor vehicle collision case, in which it appeared that the court below, holding that the verdicts for the respective plaintiffs were palpably inadequate, that as to certain plaintiffs the verdicts reflected no consideration, and, as to one plaintiff, wholly inadequate consideration, for pain and suffering, that the jury arbitrarily ignored established damages without proper necessity or basis for compromise, and that defendant was not relieved of responsibility for the injuries of one of the plaintiffs because in part they were prolonged by emotional instability, granted a new trial in the interest of justice, it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeals, Nos. 236, 237, 238, and 239, Oct. T., 1961, from order of Court of Common Pleas No. 3 of Philadelphia County, Dec. T., 1957, No. 47, in case of Vincent Alexander et al. v. Arthur E. Knight. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 649.
Actions of trespass for personal injuries. Before WATERS, J.
Verdicts for plaintiff Vincent in the amount of $752, plaintiff Francis in the amount of $1,000, plaintiff Rose in the amount of $30, and plaintiff Michael in the sum of $25; plaintiffs' motion for new trial granted. Defendant appealed.
Charles L. Ford, with him Max E. Cohen, for appellant.
Romolo J. DiCintio, with him Edward W. Furia, and Furia DiCintio, for appellees.
Argued December 11, 1961.
The order of the Court of Common Pleas No. 3 of Philadelphia County is affirmed on the opinion of Judge CHARLES A. WATERS for the court below, reported at 25 Pa. D. C. 2d 649.