Zuljevic v. McIntyre
Zuljevic v. McIntyre
Opinion of the Court
The plaintiff brought his action to recover damages for personal injuries and damages to an automobile owned and driven by him, sustained in a collision with a bus owned by defendant McIntyre and driven by defendant G-andly. The case was tried at the Hudson Circuit and the jury returned a verdict against both defendants and assessed the damages at $3,000 for the personal injuries and $500 for the property damage. The defendants obtained a rule to show cause why the verdict should not be set aside and a new trial granted and urge as the sole ground therefor that the verdict is excessive. However, defendants’ brief concedes that the assessment of $500 for the property damage is not excessive.
The sole testimony as to plaintiff’s personal injuries and the loss of earnings resulting therefrom was that given by the plaintiff himself. He claimed to have been treated by five doctors of his injuries, but not one of the doctors was called to testify. .There is no evidence of any expenditures for medical treatment.
The verdict for $3,000 for the personal injuries is excessive. If plaintiff will accept a reduction of the verdict for personal injuries to $1,200 the rule will be discharged, otherwise it will be made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.