Opinion
January 7, 1960.
March 15, 1960.
Negligence — Evidence — Sufficiency — Automobiles — Skiding on wet road — Verdicts — Excessiveness — $45,000.
In this action of trespass arising out of a motor vehicle collision, in which it appeared that as defendant's truck was proceeding downhill in a westerly direction on a wet curving road in daytime it skidded at a speed of from 50 to 60 miles an hour into the eastbound lane and struck the side of plaintiff's eastbound automobile and practically demolished it; and continued for another 100 feet where it struck a bank on the north side of the road: and it further appeared that the plaintiff received severe injuries, including permanent disability of the left arm, special damages of $7,244, and that he had a life expectancy of approximately 31 years; it was Held, in the circumstances, that (1) the evidence was sufficient to support a finding of defendant's negligence and (2) the verdict of $45,000 was not excessive.
Argued January 7, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 13, Jan. T., 1960, from judgment of Court of Common Pleas of Northampton County, June T., 1958, No. 71, in case of Norman A. Gist v. Allentown Wholesale Distributors, Inc. Judgment affirmed.
Same case in court below: 20 Pa. D. C.2d 76.
Trespass for personal injuries and property damage. Before WOODRING, J.
Verdict for plaintiff in amount of $45,000; defendant's motions for new trial and judgment non obstante veredicto dismissed; and judgment entered on verdict. Defendant appealed.
Francis H. S. Ede, for appellant.
Martin A. Kutler, with him Joseph G. Hildenberger, for appellee.
The judgment of the court below is affirmed on the opinion of Judge WOODRING for the court en banc discharging the defendant's motions for judgment n.o.v. and a new trial.
Judgment affirmed.