Borkstrom v. South Shore Garages, Inc.

Full title: Edward Borkstrom, Appellant, v. South Shore Garages, Inc., Appellee

Court: Appellate Court of Illinois, Chicago, First District

Date published: May 23, 1944

323 Ill. App. 285 (Ill. App. Ct. 1944)

55 N.E.2d 402

Opinion

Gen. No. 42,670. (Abstract of Decision.)

Opinion filed May 23, 1944. Rehearing denied June 6, 1944.

DAMAGES, § 358^_ — when amount awarded for personal injuries is inadequate. On appeal by plaintiff 68 year old janitor, in action for personal injuries, because of alleged inadequacy of $1,000 amount awarded him, held that difference between $1,000 verdict and judgment, and amount necessarily expended by plaintiff as result of accident, was approximately $130, which seemed grossly inadequate, considering nature of his injuries which included fractured skull, three fractures of left leg, atrophy of thigh and calf, excess lateral movement of left knee joint, and impairment of sense of smell, to say nothing of pain and suffering, and impairment of capacity to work up to time of trial and probably' thereafter.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. CHARLES A. WILLIAMS, Judge, presiding.

Judgment reversed and cause remanded for another trial. Heard in the second division, first district, this court at the June term, 1943; opinion filed May 23, 1944.

Harry S. Posner, for appellant; Arthur A. Wolfinsohn, of counsel.

Hinshaw Culbertson, for appellee; Oswell G. Treadway, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed May 23, 1944; rehearing denied June 6, 1944.