Cunha v. Lewis

PLUMMER, J.

The plaintiff had judgment against the appellants in the sum of $900 for and on account of injuries suffered by her in an automobile accident which occurred on or about the 26th day of March, 1936, upon the Golden State highway in the county of Merced. After the entry of judgment the plaintiff made a motion for a new trial based upon the inadequacy of the damages awarded by the jury. Upon the hearing of such motion the trial court granted the same on the ground of the insufficiency of the evidence to support the verdict, or rather, upon the ground that the damages awarded were inadequate to fittingly compensate the plaintiff for the injuries sustained by her. From the order of the court granting a new trial this appeal is prosecuted. The injuries were inflicted, as stated, on or about the 26th day of March, 1936. The trial of the action was had on the 15th day of December, 1936.

The transcript of the evidence in this ease is exceedingly brief, but a reading of the transcript shows the following: That liability for the injury occasioned to the plaintiff is admitted, and the only question presented for consideration was and is the amount of damages awarded, or that should be awarded.

We find in the reporter’s transcript testimony which sustains the following propositions: That the plaintiff was rendered unconscious for a short period of time after the accident; that she was still somewhat in that condition after being removed to an hospital; that she suffered a concussion of the brain; that she had a fractured nose; that there were somewhat deep lacerations across her nose and on her right cheek; that these lacerations left a permanent physical scar; that her nose is more or less permanently flattened; that she had a cut on her left knee which left a permanent scar; that

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the injuries to the knee resulted somewhat in the stiffening of the same, and this condition existed at the time of the trial. There were also some general bruises on the body. It appears that the plaintiff complained of severe pain in the chest and neck for some weeks after the accident; that from the time of the accident up to the time of the trial the plaintiff suffered from dizziness and frequent headaches; also suffered severe nervous shock. There is also some testimony in the record that the plaintiff’s sight in .her right eye and hearing in her right ear were somewhat affected. The plaintiff was required to remain in the hospital for ten days. The doctor’s services were estimated to be reasonably worth the sum of $175. Prior to the time of the accident the plaintiff was a strong, vigorous woman, in early middle life, able to do all necessary housework, and in addition frequently helped her husband in the field and in taking care of livestock; that after the accident she was unable to do any housework for some two months. The plaintiff also sustained an injury to one arm, and at the time of the trial had difficulty in raising her arm so as to place her hand on the back of her head.