Barnett

Barnett v. Keilig

Good Law
170 Cal. App. 2d 177·1959 Cal. App. LEXIS 2188·338 P.2d 477
Court of Appeal of CaliforniaMay 6, 1959Civ. No. 18252California882 words

Opinion

Lead Opinion

Donnell, J.

This is an action for damages for personal injuries sustained by plaintiff when she was struck by defendant's automobile while walking across a street intersection in the city of San Francisco. The jury returned a verdict in plaintiff’s favor in the sum of $1,500. After judgment was entered on the verdict, plaintiff moved for a new trial on the ground, among others, of the insufficiency of the evidence to justify the verdict. The trial judge denied the motion and this appeal from the judgment ensued.

*179 Plaintiff’s sole contention on this appeal is that the verdict of the jury is so grossly inadequate as to require reversal of the judgment. We shall briefly review the evidence relevant to that contention.

Following the accident, plaintiff was hospitalized for two weeks. Thereafter, she was confined to her bed in her home, in the care of a practical nurse, for about a month. Dr. Leeds, who had been plaintiff’s physician for some years and who had ministered to her following the accident, diagnosed plaintiff’s injuries as follows: A subcutaneous hematoma on the back of the head; bruises on the elbow and buttock; an abrasion of the knee; and, cerebral concussion. Plaintiff also…

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