Henninger

Henninger v. Southern Pacific Co.

Good Law
1967 Cal. App. LEXIS 2178·250 Cal. App. 2d 872·59 Cal. Rptr. 76
Court of Appeal of CaliforniaMay 11, 1967Civ. 23076California4,196 words

Opinion

Opinion

Salsman, J.

Respondent brought this action -against appellant to recover damages for personal injuries. Appellant admitted its liability, and thus the sole issue presented in the trial court was the amount of respondent’s damages. The jury fixed respondent’s damages at $650,000. Appellant appeals from the judgment entered upon the verdict.

On December 20, 1963, respondent, a eonduetor-brakeman for appellant, was injured in the course of his employment. At the time of the accident he was 29.7 years of age. His injuries were extreme. He lost both legs above the knees and was left with very short stumps, four inches on the left side, three and three-quarters inches on the right side. Other relevant facts will be stated hereafter, as they bear upon the various issues raised in the briefs.

Appellant first contends it was denied a fair trial because (1) the trial court refused to permit evidence of its willingness to employ respondent despite his injury and disability; (2) the court refused to permit evidence that would have impeached Dr. Aides, respondent’s medical expert witness, and (3) the court would not permit appellant to show that respondent would not need a full-time attendant, by…

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