Avery

Avery v. Watje

Good Law
1967 Cal. App. LEXIS 2391·253 Cal. App. 2d 660·61 Cal. Rptr. 280
Court of Appeal of CaliforniaAugust 17, 1967Civ. No. 8331California865 words

Opinion

Lead Opinion

Thompsonraymond, J.

This was an action for personal injuries arising out of a rear-end collision, *661 resulting in claimed whiplash and low back injuries by plaintiff, a 29-year-old sewage treatment plant operator. He recovered judgment on jury’s verdict in the sum of $2,000, and after order denying his motion for new trial, appeals, contending that the trial judge was guilty of abusing his discretion for failing to grant his motion for new trial on the ground of inadequacy of the verdict.

Complaint was filed September 19, 1963, against the defendants John LeRoy Watje et al, which was duly answered, and the case brought to trial. The action grew out of an accident which occurred on September 20, 1962, in Riverside, wherein appellant’s vehicle was struck in the rear by a crane truck driven by the defendant Watje and owned by the corporate defendant, A&A Equipment and Construction Company, Inc.

Following the accident, appellant suffered from a headache similar to one he had had in connection with a prior accident, also a rear-end collision, which had occurred in 1960. The morning following the accident in question, appellant was “feeling bad” and went to see Dr. John Ivanoff, an orthopedic surgeon…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.