Ross
Ross v. Prevost
Opinion
Lead Opinion
Devine, J.
Plaintiff, a minor who prosecuted the action by her guardian ad litem, was awarded a verdict in the sum of $400 on her complaint for personal injuries and expenses, and she appeals on the ground of inadequacy of damages. The trial court denied a motion for new trial, which was made on the same ground.
Plaintiff was injured while she was riding in defendant’s automobile, which overturned. Her action is based on alleged *571 intoxication and wilful misconduct, if she were found to be a guest, and negligence if she were found to be an involuntary passenger because of inability on her part to return home except by riding with defendant, who had taken her, together with his own family, on a picnic. There is ample evidence to support a verdict for plaintiff.
Special damages are claimed by appellant to have been established at $364.25, leaving but $35.75 as compensation for her injuries. Respondent contends that special damages could have been found by the jury to have been $192.26, leaving $207.74 as restitution for injuries.
Plaintiff’s injuries are described below, but for the purpose of examining the items of expense, it may be said at this point that the injuries consisted of a…