Deal v. Garber Ice Cream Co.
Deal v. Garber Ice Cream Co.
Opinion of the Court
This is an action for damages arising out of an accident caused by the act of the defendant’s truck in running into a line of cars that was standing still awaiting the traffic signal to proceed. Mrs. Elsie M. Deal, in a ear belonging to her husband, Clark J. Deal, was injured by the impact. Defendant admits liability. The' verdict was for $5,000 for the injured woman, Mrs. Deal, and $500 to the husband, Clark J. Deal, for expense in repairing-the automobile, for doctors’ bills and for loss of consortium.
The rule goes only to the alleged excessive damages awarded Elsie M. Deal. Whether the damages are excessive depends upon whether a diseased condition of Mrs. Deal’s fallopian tubes is attributable to the accident; and this is a matter that must be determined by expert medical testimony. There were three medical witnesses; Dr. Lyons, the attending physician, Dr. fiance who has specialized in genito-urinary work, these two being called by the plaintiff, and Dr. Correll,
We are not satisfied that the testimony is sufficient to justify a verdict founded upon a causal relation between the injury and the disease. It is obvious that the verdict was founded in part upon the hypothesis. To that extent the verdict is excessive and therefore there should be a new trial.
The rule will be made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.