Covell

Plaintiffs’ action is for personal injuries sustained by Aliene D. Smith and for loss of consortium suffered by her husband, Clyde O. Smith, arising out of an automobile collision. Defendant Florence Coveil conceded liability and the absence of any contributory negligence. After a trial solely on the issue of damages, the jury returned a verdict in favor of Aliene D. Smith for the sum of $10,000 and a verdict of zero as to plaintiff Clyde O. Smith. Plaintiffs moved for a new trial and upon its denial appeal the judgment.

Facts

On August 12, 1974, Coveil’s car ran into the rear end of the car owned and occupied by passenger Aliene D. Smith, driven by her daughter. The Smith car was stopped at a pedestrian crosswalk at the time of the collision. The following day, Mrs. Smith consulted with orthopedic surgeon Dr. McMurray. She complained of pain in the neck, shoulders and upper extremities. At this initial consultation, she made no complaints referable to her lower back, other than a preexisting lumbosacral, low back pain. On September 24, 1974, six weeks after the accident, Dr. McMurray’s records indicated that Mrs. Smith was experiencing pain in the low back region. On…