Hahn

Hahn v. C. R. Reichel Engineering Co.

Good Law
161 Cal. App. 2d 814·327 P.2d 207
Court of Appeal of CaliforniaJuly 3, 1958Civ. No. 17914California458 words

Opinion

Lead Opinion

Draper, J.

This is a personal injury action. Plaintiff’s taxicab was stopped. A panel truck owned by defendant corporation and driven by the individual defendant backed into the cab. Plaintiff sued for damages, alleging that his back was injured. Jury verdict was in favor of plaintiff for $2,000. Plaintiff appeals, urging only that the award of damages is inadequate.

*815 Plaintiff contends that the evidence shows without contradiction that special damages (doctor’s fees, physiotherapy, etc.) amounted to $950.23, and that loss of earnings as a result of the injury is at least $2,036. If this contention is sustained by the record, these damages alone, without any award for pain and suffering, would exceed the amount awarded. In such case, reversal would be required. (Bencich v. Market St. Ry. Co., 20 Cal.App.2d 518 [ 67 P.2d 398 ].) Defendant, however, argues that special damages were but $336.51, and that loss of earnings amounted to only a few weeks at $55-$65 per week.

The issue turns upon the extent of plaintiff’s injury and the length of time he suffered from it. In reviewing the record the facts most favorable to respondent on the issue of damages must be considered. (Gersick v.…

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