McDonald

McDonald v. Schwartz

Good Law
1966 Cal. App. LEXIS 1834·239 Cal. App. 2d 900·49 Cal. Rptr. 242
Court of Appeal of CaliforniaFebruary 4, 1966Civ. No. 28233California2,576 words

Opinion

Lead Opinion

Kaus, J.

Plaintiff appeals from a judgment entered on a jury verdict awarding her damages in the sum of $30. She claims that the award is inadequate as a matter of law.

The litigation was the result of an accident which occurred on April 23, 1962, when plaintiff’s car did not pull away from an intersection as fast as defendant, who had stopped behind her, thought it would. There was a collision, either negligible in impact or sufficient to propel plaintiff’s car one car length into the intersection, depending on whom one believes. There is no doubt that on May 4, 1962, only 11 days after the accident, plaintiff went through low back surgery, which revealed two herniated intervertebral discs. A laminectomy and fusion were performed. Plaintiff’s claimed special *901 damages for this operation, other medical expenses and loss of earnings are almost $3,500. The reasonableness of the charges as such is not disputed. There was slight damage to plaintiff’s automobile, variously estimated at $33.74 and $12.98.

In October of 1960 plaintiff was the victim of an industrial accident when she was employed by Ryan Aeronautics. The mechanics of that accident are that plaintiff fell on some steps.…

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