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KADAIR v. PITTSBURGH RAILWAYS CO. (11/14/55)

November 14, 1955

KADAIR, APPELLANT,
v.
PITTSBURGH RAILWAYS CO.



Appeal, No. 97, March T., 1955, from judgments of Court of Common Pleas of Allegheny County, April T., 1952, No. 3230, in case of David Kadair, by Morris Kadair, his guardian, and Morris Kadair, individually, v. Pittsburgh Railways Co., and Bailey-Farrell Company. Judgments reversed.

COUNSEL

L. Pat McGrath, with him Joseph H. Ridge and Peter F. Flaherty, for plaintiffs, appellants.

James A. Geltz, with him Leo Daniels, and Prichard, Lawler & Geltz, for defendant, appellee.

V. C. Short, with him Clem R. Kyle, for defendant, appellee.

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

Author: Musmanno

[ 383 Pa. Page 51]

OPINION BY MR. JUSTICE MUSMANNO

On October 4, 1950, David Kadair, 15 years of age, was seriously injured through the combined negligence of the Pittsburgh Railways Company and the Bailey-Farrell Company, defendants in this case. In the ensuing lawsuit the jury returned a verdict in the sum of $3,000 in behalf of the minor David and $5,000 for his father and guardian Morris Kadair. In the Court below the plaintiff filed a motion for a new trial alleging

[ 383 Pa. Page 52]

    inadequacy of verdict. The Court refused the motion, and this appeal followed.

David Kadair's injuries were described by Dr. J. W. Fridette as follows: "... the X-rays showed that he had transverse fractures through the lower end of both the thigh bones, and these fractures were displayed and required an operation as soon as the condition of the patient would permit. The operation was performed on October 6, 1950, and two oblique incisions were made over the interior surface of the lower third of the thigh exposing the fracture sites, and the fractures were placed in position and maintained in that position by six screw plates of steel." These plates were described as being 6 inches long and in excess of a quarter of an inch wide. When asked whether the plates would remain within the patient's legs permanently, Dr. Fridette explained: "They do unless they cause trouble. Ordinarily we expect them to remain permanently. Occasionally they become loosened and may become a source of irritation and require removal."

The boy remained in the hospital for four months during most of which time he was immobilized in a cast which extended from his chest to his feet. After his discharge from the hospital David returned for physiotherapy treatments. An entry in the records of the physical therapy department of the hospital reads as of May 22nd [presumably 1951]: "Baking and massage and manipulation of knees three times a week."

Dr. D. I. Jamison, a specialist in neuro-psychiatry, testified that David suffered a post traumatic neurosis as a result of his physical injuries: "Q. What is the prognosis for the future of this boy, Doctor? A. Of course from a medical standpoint it is indefinite, but the fact that this has been going on since 1950, since the accident, it is a ...


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