Coover

Coover v. Painless Parker, Dentist

Good Law
105 Cal. App. 110·1930 Cal. App. LEXIS 646·286 P. 1048
Court of Appeal of CaliforniaApril 7, 1930Docket No. 38.California892 words

Opinion

Lead Opinion

Barnard, J.

This was an action for damages for personal injuries sustained by the plaintiff, as a result of overexposure in the taking of dental X-ray photographs of the plaintiff, by the defendant. Prom a judgment for $10,250, based upon the verdict of a jury, the defendant has appealed.

The sole ground of the appeal is that the amount of the verdict, in view of the injuries sustained, is grossly excessive, and suggests passion or prejudice on the part of the jury. The plaintiff testified that as a result of the burns in question she suffered torture, the terrible suffering lasting for three months, during which time she was unable to sleep “without they gave me something”; that she spent most of the first three months in bed; and that at the time of the trial, something over a year after the burns, she was still extremely nervous. In reply to the question whether she still had very much pain, she replied: “Well, I am suffering—I am just so awfully nervous, there is a tingling sensation in my face.” She also gave the following testimony:

One physician testified he examined the plaintiff shortly after the burns were inflicted and again a few days before the trial. He describes her condition…

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