Opinion
In the present case it was held that the damages awarded, $10,000, were so excessive that the trial court erred in refusing to grant, either absolutely or conditionally, the defendants' motion for a new trial.
Argued January 23d 1930
Decided March 3d 1930.
ACTION to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, brought to the Superior Court in Fairfield County and tried to the jury before John Rufus Booth, J.; verdict and judgment for the plaintiff and appeal by the defendants. Error and new trial ordered nisi.
Thomas J. Wall, for the appellants (defendants).
Samuel Reich, with whom was Adrian W. Maher, for the appellee (plaintiff).
An examination of the evidence has led us to the conclusion that the issue of whether the defendants were liable for personal injuries suffered by the plaintiff through the negligence of the defendants to which the plaintiff did not materially contribute was properly left to the jury and that the motion to set aside the verdict on the ground that defendants were not liable in any degree was correctly decided by the trial court. However, upon the ground that the verdict was excessive the motion should have been granted, either absolutely or conditionally. The injury to plaintiff's back at the time of the trial was slight and will be cured within two years from the date of injury. The injury to the left leg below the knee has resulted in a permanent disability of that leg of twenty-five per cent. The evidence does not indicate what effect, if any, this disability will have upon the plaintiff's earning capacity.
Under these circumstances the damages awarded, $10,000, are so excessive that we think the trial court erred in refusing to grant, either absolutely or conditionally, the defendants' motion for a new trial. Dunning v. Crofutt, 81 Conn. 101, 104, 70 A. 630; Hawkins v. Garford Trucking Co., Inc., 96 Conn. 337, 342, 116 A. 603; Hassett v. Carroll, 85 Conn. 23, 81 A. 1013.