Alisauskas v. Itro
Alisauskas v. Itro
Opinion of the Court
This is an automobile accident case. The plaintiff Anna. Alisauskas, a little girl eight years of age, while crossing Washington avenue in Hackensack, was struck by an automobile owned by the defendant Angelina Itro and operated by the other defendant, William Itro, who was driving the car for her. The little girl attempted to cross the street in the middle of the block. The jury rendered a verdict in favor of the child for $5,000 and in favor of her father, who joined in the suit, for $1,200, and the defendant thereupon applied for and obtained the present rule to show cause.
The first ground upon which the verdicts are attacked is that they are contrary to the weight of the evidence on the question of defendants’ liability. The proofs submitted on the part of the plaintiffs was that the plaintiff had almost completed the crossing of Washington avenue and was within five or six feet of the curb when she was struck by the front left side of the automobile. Whether the child was running
It is further contended that the damages awarded to this child and her father were each of them excessive. The proofs submitted by the plaintiffs showed that as a result of the accident the right ear drum of this little child was ruptured and that she will be permanently deaf in that ear. This was contradicted by medical testimony offered by the defendants, but we consider that the proofs fully justified the jury in so finding. The question therefore is whether an award of $5,000 for permanent deafness which will continue through the life of this child, is excessive. It is liberal, but we cannot say that it is so clearly excessive as- to justify us in setting it aside. As to the award to the father, it may fairly be
The rule to show cause will be discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.