Winters v. Yamaguchi

WOOD, J. Bessie L. Day and Ruth Winters were on July 8, 1938, riding in an automobile being driven by Vala Dotson on Normandie Avenue in the city of Los Angeles. Their car collided with a truck operated by defendants and in the collision they were injured. They commenced actions against defendants to recover damages for the injuries and the actions were consolidated for trial. Defendants filed answers denying negligence and alleging contributory negligence on the part of plaintiffs. A jury returned verdicts in favor of plaintiff Day in the sum of $1500 and in favor of plaintiff Winters in the sum of $249.50. Plaintiff Day has appealed “from that portion of the judgment ... in so far as said judgment allows judgment only in the sum of $1500, and from no other part of said judgment”. A similar notice of appeal was filed by plaintiff Winters. The bill of exceptions contains a statement of the evidence on the subject of the extent of the damages suffered by plaintiffs hut it does not contain the evidence on the subject of the alleged negligence of defendants. The bill of exceptions sets forth that plaintiffs “regularly moved that the verdict be set aside and arguing among other things that a new trial be granted on the question of damages, on the ground that the evidence is insufficient to justify the verdict ... ”.

Plaintiff Day was severely injured in the collision. -The evidence shows without, contradition that she suffered a frac[330]ture of the right clavicle and a multiple fracture of the pelvis, that she was compelled to be in a hospital for two weeks and was then removed to her home where she was confined to her bed for over six weeks during which time she was encased in a plaster cast extending from the chest to the knees, causing great pain and suffering. She testified that up to the time of the trial, March 13, 1939, she had been unable to return to her work as a seamstress, in which employment she had earned $18 per week. Her physician testified that her pelvis had been fractured in three places and that she would always suffer pain when seated because of a protrusion of the pelvic bone caused by an offset knitting of the bone and that she would always limp because of the injury. Plaintiff Day presented evidence that she had been compelled to expend or been obligated to expend the sum of $1561 because of the injuries. Defendants presented the witness Dr. F. B. Brown, who testified that when he examined plaintiff on February 9, 1939, he found that she had recovered and that she could walk in a normal manner and that the normal period of recovery was about three months. He also testified that plaintiff’s physician had charged an improper fee for his visits. According to defendants’ expert testimony, if the jury credited such witness, the fees for medical services might have been considered by the jury to be excessive to the extent of $200. If the jury had discredited the testimony of plaintiff as to the length of time during which she was unable to work and had acted upon the testimony of Dr. Brown that the normal period of recovery was three months, nevertheless the evidence shows without contradiction that plaintiff’s special damages amounted to the sum of at least $900. Considering the nature of plaintiff’s injuries it is difficult to believe that the jury could have reached the conclusion that the sum of $3561 was an unreasonable expenditure. It is also difficult to believe that the jury could have concluded that plaintiff had permanently and fully recovered and that she would not endure any further suffering because of the injuries. Regardless of these considerations, it is manifest that the award of the jury did little more, if anything, than compensate plaintiff for her special damages. It is a matter of common knowledge that multiple fractures of the pelvis are not to be lightly considered. Such injuries call for substantial general damages. We agree with the