Kershaw

A hearing was granted in this case in order that we might more fully consider the propriety of 'the award of damages. Upon such consideration, we adopt that part of the opinion of the District Court of Appeal which deals with the other issues involved in the action, as follows:

In considering the claim of excessive damages we have carefully examined the record, which shows that plaintiff has undergone great suffering. Nevertheless, we think that taking all of the circumstances together the award of $30,000 damages is clearly excessive, and appears to be based' upon the shortcomings of defendant rather than the actual' injuries sustained by plaintiff. She contracted the disease before she consulted him, and his treatment at most delayed her recovery, and perhaps aggravated her condition, besides causing her unnecessary pain and suffering during the period of his futile efforts. In this state of the record', we are forced to conclude that passion and prejudice entered into the determination of this award. It is our opinion that a reduction of said award is necessary, and that the sum of $20,000 is the maximum that can be justified under the evidence before us.

The judgment against…