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MENARDE v. PHILADELPHIA TRANSPORTATION COMPANY (03/22/54)

March 22, 1954

MENARDE
v.
PHILADELPHIA TRANSPORTATION COMPANY, APPELLANT



Appeal, No. 251, Jan. T., 1953, from judgment of Court of Common Pleas No. 7 of Philadelphia County, June T., 1949, No. 3145, in case of Anita Menarde v. Philadelphia Transportation Company. Judgment affirmed.

COUNSEL

James L. Stern, with him Jay B. Leopold, for appellant.

B. Nathaniel Richter, with him Frank Carano and Richter, Lord & Farage, for appellee.

Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.

Author: Chidsey

[ 376 Pa. Page 499]

OPINION BY MR. JUSTICE CHIDSEY

Plaintiff, Anita Menarde, brought an action in trespass against the Philadelphia Transportation Company which resulted in a verdict in her favor in the amount of $50,000. Defendant filed a motion for new trial which was denied provided plaintiff remitted all of the verdict in excess of $25,000. Such remittitur was filed and judgment entered in the amount of $25,000, from which defendant appeals. Defendant's negligence and plaintiff's freedom from contributory negligence are not

[ 376 Pa. Page 500]

    questioned in the appeal and the only matters before us concern trial errors relating to the items of damage recoverable and certain alleged prejudicial remarks of plaintiff's attorney.

On the morning of May 16, 1949 the plaintiff was injured while alighting from a street car of the defendant. The accident occurred due to the premature starting of the trolley car which caused plaintiff to fall forward into the street. Treatment for injuries to her left ankle, right knee and both hands was administered at Mt. Sinai Hospital; these being the only injuries perceptible at that time. Her family physician, Dr. Martin J. Koebert, Attended her in the early evening of the same day to alleviate any remaining pain or shock.

Upon disrobing later that evening for the first time following the accident, plaintiff noticed a discoloration on her right side, including her breast. She recalled Dr. Koebert the following day because the bruised right breast had grown slightly darker over night. In examined the breast and observed the discoloration but having discovered no nodules or lumps, he was not overly concerned and merely prescribed the application of hot compresses to the bruised area. For the first month or two following the accident Dr. Koebert made periodic examinations of the breast and sometime within that interval the discoloration disappeared and the breast seemed perfectly normal and remained so for two months. At the end of July or the beginning of August plaintiff detected a lump on her breast at the exact spot where there was discoloration previously. She was referred to Dr. Sidney Beck, a cancer specialist, who recommended and performed a radical mastectomy, which entailed the removal of the entire breast and the underlying muscles and the tissues in the arm pit.

[ 376 Pa. Page 501]

At the time of the accident the plaintiff was unmarried, thirty-seven years of age and in good health. Prior to that time she had studied the piano, dancing, dramatics, voice culture and two foreign languages with the expectation of becoming a professional singer. She held a scholarship in the Settlement Music School and The Philadelphia Musical ...


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