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JOHN E. FINCKE v. C. H. CHRICHLEY (01/14/55)

January 14, 1955

JOHN E. FINCKE, JR., BY HIS GUARDIAN, JOHN E. FINCKE AND JOHN E. FINCKE AND JANE B. FINCKE, HIS WIFE,
v.
C. H. CHRICHLEY, APPELLANT



Appeal, No. 57, April T., 1954, from judgment of Court of Common Pleas of Allegheny County, October T., 1950, No. 3173, in case of John E. Fincke, Jr., by his guardian, John E. Fincke, and John E. Fincke et ux. v. C. H. Crichley. Judgment affirmed.

COUNSEL

Harold E. McCamey, with him Joseph P. Fisher and Dickie, McCamey, Chilcote, Reif & Robinson, Pittsburgh, for appellant.

Fredric G.Weir, with him Oliver, Brandon & Shearer, Pittsburgh, for appellees.

Before Rhodes, P. J., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

[ 177 Pa. Super. Page 61]

PER CURIAM

In a trespass action brought by the parents of a four year old boy for injuries received by him when struck by an automobile driven by the defendant the jury awarded the minor $5000 and the parents in their own right $2500. The parents of the minor proved hospital,

[ 177 Pa. Super. Page 62]

    medical and other specific items of expense totaling $1376.

The sole question presented to us is whether the lower court erred in not reducing the $2500 verdict to $1376. We thing it did not.

The child suffered a fracture of the left thigh, a fracture of the left shoulder bone, a fracture of the

An orthopedic surgeon testified that he united the skull and a concussion of the brain, in addition to some minor injuries.

An orthopedic surgeon testified that he united the fractured bone of the child's leg by using a metal plate affixed to the severed portions of the bone by screws. He stated that he regarded the operation as successful and that the metal plate and screws should remain in place indefinitely and that the child had made a good recovery from a surgical point of view. He also stated, however, that the screws sometimes become loose in a case of ...


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