Knight v. Fitch

THE COURT.

The two minor appellants were awarded damages for personal injuries sustained by them as the result of an automobile accident which was caused by the wilful misconduct of the defendants. Since this appeal is prosecuted by the minor plaintiffs on the issue of damages only, upon the ground that the award is inadequate to compensate them for the injuries sustained, we deem it unnecessary to incorporate in this opinion a detailed statement as to the manner in which the accident occurred and will, therefore, confine ourselves to those facts relating to the injuries for which the awards were given.

It was adduced by evidence at the trial, which took place a little more than six months after the accident occurred, that Eva J. Knight, a minor of the age of 15 years, received a cut on the right eye and a cut on the right corner of the upper lip, both cuts requiring suturing, and that she lost four upper teeth and two lower teeth. The attending physician testified that X-rays were taken of her mouth and that these indicated the absence of the teeth and “one very definite fracture line across the alveolar process; . . . that the teeth were broken out, . . . breaking the jaw”; that she was a high-strung girl, “quite nervous and jittery”, and that he rendered a bill for services in the sum of $150. It was also shown that before the accident she was “all right . . . always in good spirits”, but that subsequent thereto she had lost weight, and was somewhat nervous, was easily irritated and cried “at the least little emotion”. The evidence also showed that Lucille Talbott, aged 15 years, received a contusion and abrasion of her left knee, bruises on the shoulder and arm, and a minor abrasion on the forehead; prior to the accident her health was “all right” and subse

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quent thereto she became nervous and upset. Her mother testified that “she sits down and tears up her handkerchief and chews her fingernails . . . doesn’t sleep at night”.

Upon conclusion of the trial the court gave judgment to plaintiff Eva J. Knight for $950 and to plaintiff Lucille Talbott for $387. Thereafter they made a motion for a new trial on the ground that the evidence was insufficient to justify the judgment and that the award of damages was inadequate, which motion was by the court denied. Appellants gave notice of appeal from this order, therefore the propriety of the court’s action in refusing a new trial is properly reviewable on appeal from the judgment under section 956, Code of Civil Procedure.