Nelson v. Black

Warren Nelson sued John Black for damages for injuries assertedly resulting from an automobile accident caused by the negligence of Black. By his answer, Black admitted liability "for any and all damages sustained by the plaintiff proximately resulting from the accident." The appeal is from a judgment for Black entered upon the verdict of a jury.

The accident occurred when Nelson's pick-up truck, while stopped at an intersection, was struck from behind by Black's automobile. According to Nelson, the impact threw his head against the rear of the cab.

Nelson contends that the evidence, as a matter of law, establishes a compensable injury proximately resulting from the accident. He claims that, as the result of the impact, he was partially or totally disabled for some time and incurred medical and hospital expenses amounting to more than $600. But there was no objective manifestation of injury, and the testimony of the medical experts presented by him was based entirely upon his statements to them in regard to headache and other pain which he assertedly suffered.

Nelson received a medical discharge from the United States Navy for "nerves and sleep walking." One…

I concur in the judgment of affirmance because I believe the only issue to be determined—damages— was one of fact, and even though plaintiff’s testimony as to the nature and extent of his injuries was uneontradicted, the jury was not required to believe such testimony and give him an award of damages based thereon. In this connection I reiterate the views expressed in my dissenting opinion in Gray v. Brinkerhoff, 41 Cal.2d 180 [ 258 P.2d 834 ], where the majority of this court held to the contrary— holding as a matter of law that the trier of fact was required to accept the testimony of plaintiff as to the manner in which an accident happened in which she was injured.

It has always been my view that determination of issues of fact is for the trier of fact and that this court is bound to accept such determination unless it can be said that there is no evidence of any substantial nature to support it. And in cases such as this, where it is claimed that the determination is contrary to the undisputed testimony of a party to the action, we must nevertheless accept such determination for the reason that the trier of fact is not required to believe such testimony.

Warren Nelson sued John Black for damages for injuries assertedly resulting from an automobile accident caused by the negligence of Black. By his answer, Black admitted liability “for any and all damages sustained by the plaintiff proximately resulting from the accident.” *613 The appeal is from a judgment for Black entered upon the verdict of a jury.

The accident occurred when Nelson’s pick-up truck, while stopped at an intersection, was struck from behind by Black’s automobile. According to Nelson, the impact threw his head against the rear of the cab.

Nelson contends that the evidence, as a matter of law, establishes a compensable injury proximately resulting from the accident. He claims that, as the result of the impact, he was partially or totally disabled for some time and incurred medical and hospital expenses amounting to more than $600. But there was no objective manifestation of injury, and the testimony of the medical experts presented by him was based entirely upon his statements to them in regard to headache and other pain which he assertedly suffered.

Nelson received a medical discharge from the United States Navy for “nerves and sleep walking.” One physician…