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Brown v. McChesney

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1952
279 App. Div. 825 (N.Y. App. Div. 1952)

Opinion

January 9, 1952.

Appeal from Supreme Court, Montgomery County.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


Each judgment was entered upon a jury verdict for damages in a motor vehicle negligence case. The sole issue raised on this appeal is excessiveness. Plaintiff Ethel W. Brown recovered a verdict of $8,000 for personal injuries. She was rendered unconscious by the accident, suffered a concussion, sustained a permanent scar three and a half to four inches long on her head in the region of the left temple, sustained severe bruises to the chest, left breast, and abdomen, as well as numerous abrasions. Plaintiff John S. Brown recovered a verdict of $4,000, of which $2,116.20 was for special damages. He sustained abrasions of both knees, resulting in traumatic suprapatellar bursitis of the left knee requiring operation, permanent loss of lubricating fluid of left knee, permanent three-inch scar on the left knee, and numerous other painful injuries. The fixation of damages for injuries is peculiarly the function of the jury, and there is sufficient evidence in the record to sustain the verdict in each case. Judgments and orders unanimously affirmed, with a separate bill of costs to each respondent.


Summaries of

Brown v. McChesney

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1952
279 App. Div. 825 (N.Y. App. Div. 1952)
Case details for

Brown v. McChesney

Case Details

Full title:ETHEL W. BROWN, Respondent, v. CLARENCE C. McCHESNEY et al., Copartners…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 9, 1952

Citations

279 App. Div. 825 (N.Y. App. Div. 1952)

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