Coleman v. Galvin

SPENCE, J.

Plaintiffs, who are husband and wife, sought damages for personal injuries sustained when the automobile

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driven by defendant collided with the automobile in which plaintiffs were riding. A trial by jury resulted in the entry of judgment in favor of plaintiff Kee Coleman in the sum of $16,000 and in favor of plaintiff Clare Coleman in the sum of $4,000. Defendant appeals from said judgment.

The record discloses that the defense in the trial court was assumed by counsel chosen by defendant’s insurance carrier. After taking the appeal, the insurance carrier served and filed a “Notice of Deposit and Settlement and Tender.” The carrier gave notice thereby that it deemed it inexpedient to proceed further with the appeal and gave notice of its deposit in a bank and its tender of approximately $1-2,000 to meet its obligations up to the limits of its policy. Partial satisfaction of judgment was entered for the amount received by plaintiffs and the appeal was thereafter prosecuted by counsel chosen by defendant personally.

The sole contention of defendant on this appeal is that the judgment should be reversed because the damages awarded were excessive. It is therefore unnecessary to set forth the facts surrounding the happening of the accident except insofar as such facts may throw light upon plaintiffs’ injuries. It is sufficient to state that the evidence showed that defendant drove his automobile in such manner and at such speed as to cause a head-on collision with plaintiffs’ automobile thereby hurling the latter backwards for a distance of forty feet from the point of impact. Plaintiffs’ bodies were thrown about in their car with such force as to bend metal parts and to smash the windshield. The front seat was “jarred loose” and the steering post and wheel were “all bent out of shape.” This evidence, showing the terrific force of the impact, was no doubt considered by the jury, together with the medical testimony, in determining the extent and severity of plaintiffs’ injuries including nervous shock.

At the time of the accident, Mr. Coleman was a man 62 years of age. He was in good physical condition except for some difficulty which he had experienced with angina pectoris. This had been brought under control by the usual methods and he had actively engaged in business and also in sports such as golf, riding horses, fishing and hunting. Mr. and Mrs. Coleman were engaged in the photography business, which business had been built up over the years to the point where it produced a net income of $50,000 per year. They had studios in San Francisco and Sacramento and they employed