Hansen v. Belden
Hansen v. Belden
Opinion of the Court
Action to recover damages for personal injuries sustained by tbe plaintiff on February 5, 1921, as tlm result of a collision between tbe automobile wbicb be was driving and an automobile belonging to tbe defendants, operated by a servant. There was a verdict for $4,000 in favor of plaintiff. From an order denying tbeir alternative motion for judgment or a new trial, defendants appeal.
But one question is raised on this appeal, and that is tbe amount of tbe verdict. Respondent was 32 years of age at the time of tbe trial. He was employed as a trucker, in handling and wheeling bundles, boxes and tbe like from place to place, and received therefor
Immediately after the impact, those who witnessed the accident went to the assistance of respondent. He was lying over or across the steering wheel, apparently in a dazed or stunned condition; he did not speak. When lifted out and onto his feet, he appeared dizzy. Shortly thereafter he drove the car to his father’s home and later went on the street car to his own home. There was a bruise on his head and one on his shoulder, both of which later disappeared. Shortly after reaching home he was examined by Dr. Neal. On the following day he Went to a hospital where an X-ray was taken. On February 9 Dr. Hartig was called. He found a low pulse and sent the patient back to the hospital, where he remained some 12 days until his pulse was normal and then returned, home. On March 9 he returned to his work. While at work, when he exerted himself he experienced dizziness and during the summer had some 20 or more dizzy spells and also three or four fainting spells, and in March, 1922, he had a fainting spell which lasted quite a few minutes.
It is conceded that appellants are liable and should be held for whatever damages respondent suffered as the result of the accident, nor do they question the items of special damages, but they assert that there is no showing in the record but that respondent is able to do his work in his usual manner, and it is strongly urged that the proofs fail to show that the dizziness and fainting spells were the result of the accident, or that the respondent’s injuries are per- j manent, and that without such showings the damages allowed must | be held to be grossly excessive.
There was considerable medical testimony offered upon the trial. Dr. Hartig, plaintiff’s physician, Testified that he first examined I respondent on February 9, and found a swelling behind and a littlel
Dr. Neal testified that it was impossible for him to say whether these attacks were hysterical or epileptic in nature. Dr. Schefcik testified that it was impossible to say whether these attacks were hysterics or epilepsy, that .epilepsy is a. disease due to organic changes, some organic lesion, to some condition of interference with the normal functions of - the brain, while hysterics is purely a nervous condition. Dr. Bissell said that he was unable to give an opinion as to whether the attacks were attributable to the injury complained of; that, if there was a hemorrhage of the type described, he doubted if the patient would ever get well.
A majority of the court is of the opinion that the testimony made it a question for the jury as to whether the dizziness and fainting spells were attributable to the accident, and whether the injuries were permanent, and think that, under such circumstances, the amount of the verdict is not such as to warrant this court in interfering therewith. The writer does not concur with the majority in this conclusion.
Affirmed.
Reference
- Full Case Name
- HENRY M. HANSEN v. GEORGE K. BELDEN AND ANOTHER
- Status
- Published