Souza v. Richardson

WOOD, P. J.

These two actions for damages were consolidated for trial. The first action was commenced by Anthony Souza against James and Charles Richardson for damages, to person and property, resulting from a collision of automobiles at an intersection of streets in Santa Barbara. In a jury trial in that action the verdict was for plaintiff Souza, against defendants Richardson, for $11,667.

The second action was commenced by John Dentoni, a guest in the Richardson automobile, against Anthony Souza for damages for personal injuries resulting from the collision. The verdict therein was in favor of Souza.

A judgment, in accordance with those verdicts, was entered. A motion, by the Richardsons and Dentoni, for a new trial was denied. They appeal from the judgment. (There was one judgment in the two actions.)

Appellants contend that the amount of damages awarded to Souza was excessive.

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The collision occurred on June 11, 1957, about 4:30 p.m. Preceding the collision, plaintiff Souza was traveling north, and defendant James Richardson (the driver of Charles Richardson’s automobile) was traveling east. The vehicles collided in the southeast quadrant of the intersection. Since the only question on appeal is whether the amount of damages was excessive, it is not necessary to state the details concerning the happening of the collision.

There was evidence that Souza sustained injuries, and received medical treatment, as follows: Two severe lacerations of the scalp—a laceration on the side of his head required eight stitches, and a laceration on the back of his head required nine stitches. Bruises and abrasions on his forehead, cheek, arms, and legs—his arms and legs were covered with bandages. A sprain of the lower back. An extensive wound on the lower back, and a large hematoma developed—an operation was performed in order to remove clotted blood. Sharp pain in the lower back, required sedation. He was in a hospital eight days. His injuries were painful. In the opinion of a physician (called as a witness by Souza) the back sprain “possibly” will cause discomfort during a period of eight or ten years.

Also there was evidence that after Souza left the hospital he was unable to work for four weeks, except that he could supervise his grocery store business.