Appeal, No. 170, March T., 1954, from judgment of Court of Common Pleas of Allegheny County, July T., 1949, no. 2260, in case of John Nossokoff v. City of Pittsburgh. Judgment affirmed.
Thomas E. Barton, Assistant City Solicitor, with him J. Frank MdKenna, Jr., City Solicitor, for appellant.
Dennis C. Harrington, with him James P. McArdle and Louis Bowytz, for appellee.
Before Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE ARNOLD
The sole contention of the appellant here is that the verdict, reduced by the lower court to $15,000, is excessive.
The plaintiff, John Nossokoff, fell on a broken pavement and suffered a comminuted fracture of the left wrist involving the distal end of the radius, with a posterior tilting of the angle of the wrist. The injury necessitated immediate surgery and immobilization of the entire arm in a cast for three months. The plaintiff, who is a violinist, has lost the professional use of his left arm. He lacks 10 degrees dorsal flexion, 15 degrees normal palmar flexion, and has 15 degrees loss of motion in turning his wrist laterally toward the ulnar side. He is incapable of playing the violin.
He sustained other injuries. His face was cut and bruised, his nose was flattened, his right knee cut, and he lost all his teeth.
Five days a week the plaintiff was employed as a health inspector for the city of Pittsburgh. He devoted his evenings and week-ends to playing the violin in orchestras, performing at recitals and private concerts, and in giving instruction on that instrument. He has continued his regular employment and receives his pre-accident salary.
Prior to the accident he earned at the Nixon theatre $90.00 per seek when he played for musicals and $60.00 per week when dramatic plays were being produced. The earnings at the Nixon theatre averaged $2,400.00 a year. His medical expenses amounted to $1,113.00. He has lost in actual money damages some $10,248.00, which would leave less than $5,000.00 for pain and suffering and impairment of his earning
power. He is 63 years of age. The revenue lost from his musical profession would more than make up the difference between ...