Rannard v. Harris

MR. JUSTICE Pro Tem. TUTTLE Delivered the Opinion of the Court.

This is an action brought to recover damages for injuries received in an automobile collision. The jury brought in a general verdict for plaintiff in the sum of $30,000, and also a verdict in favor of the husband of plaintiff in the sum of $4,829.11. Of the latter sum, $2,000 was for loss of his wife’s services.

Two questions are presented upon this appeal. The first is that of excessive damages, and the second is the correctness of one instruction.

The record shows, -almost without dispute, that the driver of defendant’s automobile was guilty of negligence. When asked by counsel for defendants as' to how the accident occurred, he replied: “Well, I simply fell asleep.” While in that condition he drove over to the left side of the highway, and collided with plaintiffs’ car.

A number of injuries were received by the wife, who was fifty-nine years of age at the time of the accident, and in good health prior thereto. After the accident she was taken to the hospital at Redding and confined there six weeks. She returned to heT home at Santa Monica, and was

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still undergoing medical treatment at the time of the trial, Which was eight months after the injuries were received.

The doctor who treated Mrs. Rannard testified very fully respecting the character, extent and duration of her injuries, as follows: The nose was broken at the septum, and was permanently angulated to the left, and this disfigurement was permanent; there was an internal injury to the nose, narrowing the left nostril thereof, and it was very doubtful if an operation would relieve this condition; the muscles of the scalp had lost their nerve supply, so that she was unable to raise one eyebrow; and it was very doubtful if this condition could ever be cured; there was a com-minuted fracture of her arm, the bone being broken up into several pieces; there was injury around the whole shoulder, and pain and loss of function in the shoulder joint; there was some loss of extension and loss of power in the right hand, and as a result of this she was unable to comb her hair because she could not get her hand up, and she could not reach up to turn on an electric light; the witness did not think the injury to the shoulder would ever be cured, and he stated that he believed she would always have some disability; there were scars on her forehead and nose; the pain which she had suffered, and the way she was pulled down physically, led up to a condition of nervousness and lack of nerve force which is known as “asthenia”, which means simply the lack of nerve power and inability to do the things that an ordinarily normal person can do, and this condition might exist for a long time and possibly there might never be a recovery therefrom. The foregoing testimony related to her condition at the time of the trial. In addition to this testimony, there is evidence showing severe physical and mental suffering. Her body was bruised all over by the accident. By reason of the facial disfigurements she doubtless has suffered, and will continue to suffer mortification and humiliation such as naturally comes to one of her sex by reason of permanent scars and the disfigurement of her nose.