Stinson v. Aycock
Stinson v. Aycock
Opinion of the Court
This is one of two cases consolidated for the purpose of trial, the companion case being Apple v. Aycock et al., 185 So.2d 901, this day decided: The issues of fact and law involved herein are identical with those of its companion case above cited. The only issue requiring our further consideration is the question of quantum.with respect to' the' amount of $3,000 awarded by the trial court in favor of Mrs. Frances Stinson for personal injuries received in the accident of November 13, 1964. The award made in favor of George. R. Stinson for $833.12 for spécial damages was stipulated and this amount is not in dispute.
Plaintiff contends most' seriously the award in her favor is .-inadequate and should be substantially increased.' The defendants on the other hand argue that the amount so awarded is excessive and should be reduced.
At the time of the accident Mrs. Stinson was four months pregnant. Immediately following the accident she was examined by
The evidence discloses Mrs. Stinson was extremely worried about possible injury to her unborn child and although assured by her doctors that the child was uninjured and that there’ would be normal delivery, she continued to be emotionally disturbed. Other than the emotion over possible in-;ury to her tinhorn' child, Mrs. Stinson’s complaints were due to a mild cervical sprain and some pain in the scapula, which were of a temporary nature.
After consideration of the circumstances and particularly with regard to the anxiety experienced by Mrs. Stinson, it is our conclusion that the award as made by the trial judge was neither excessive nor inadequate, and it will be affirmed.
Costs of .this appeal' are assessed against appellants. . .
Case-law data current through December 31, 2025. Source: CourtListener bulk data.