Walls

Jury verdict was for defendant in this personal injury action. Plaintiff appeals from the ensuing judgment. Plaintiff, shopping in defendant’s store, stood at a counter examining merchandise. Her left heel was struck by a cart pushed down the aisle by a store employee. Her heel bled, and a bandage was applied in the store infirmary, where she remained in a nervous and upset condition for two or three hours. She had been treated in a hospital clinic, before this accident, for two wholly unrelated conditions. She received medical examinations and treatment of the heel after the accident, and treatment for the two preexisting conditions and for the heel injury continued until trial. Her complaints of the heel were largely, if not wholly, subjective. At trial, she offered medical testimony that a condition known as Sudek’s atrophy had developed, and that it could have been caused by the heel injury. There was contradictory medical testimony.

She pleaded and sought to prove loss of earnings from date of the accident, March 30, 1959, (or her later recovery from her prior physical difficulties), to time of trial in March of 1962. Defendant offered the medical record of a hospital and…