Hoover

Hoover v. King

Good Law
134 Cal. App. 16·1933 Cal. App. LEXIS 115·24 P.2d 871
Court of Appeal of CaliforniaAugust 23, 1933Docket No. 8891.California835 words

Opinion

Lead Opinion

Spence, J.

Defendant appeals from a judgment in favor of plaintiff in the sum of $5,000 awarded for personal injuries resulting from an automobile accident. Defendant contends that the damages are excessive and that the trial court erred in refusing to give a certain instruction proposed by defendant.

The facts surrounding the happening of the accident need not be stated as the questions raised on this appeal relate solely to the issue of damages. When the automobiles of plaintiff and defendant collided plaintiff’s automobile was damaged to some extent, but plaintiff was neither thrown from her car nor rendered unconscious. Plaintiff sustained no fractures of any kind and her injuries appeared to be quite superficial in their nature. She remained at the scene of the accident for some time, examined her car, and conversed with defendant regarding the cause of the accident. Plaintiff and defendant exchanged cards and plaintiff stated that she was not hurt much. She did not seek or receive any emergency treatment and after talking to some people at the drug-store in the vicinity of the accident, she accepted a ride to her home. She did not consult a physician until the evening of the following…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.