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HANUS v. K.M.B. CONSTRUCTION COMPANY. (04/21/58)

THE SUPREME COURT OF PENNSYLVANIA


April 21, 1958

HANUS, APPELLANT,
v.
K.M.B. CONSTRUCTION COMPANY.

Appeal, No. 9, March T., 1958, from order of Court of Common Pleas of Allegheny County, Jan. T., 1954, No. 1749, in case of John M. Hanus v. K.M.B. Construction Company, Inc. et al. Order affirmed.

COUNSEL

Robert F. Burkardt, with him A. F. Burkardt, for appellant.

Bruce R. Martin, with him Pringle, Bredin & Martin, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

[ 392 Pa. Page 308]

OPINION PER CURIAM

In this action for personal injuries suffered as a result of an automobile accident, the jury returned a verdict in favor of the plaintiff, a passenger in one of the vehicles, in the amount of $25,000. The court below granted the defendants' motions for a new trial on the ground that the verdict was excessive, and directed that the new trial be limited to the issue of the amount of damages sustained by the plaintiff. From this order of the court en banc the present appeal has been taken.

The lower court concluded that the evidence presented by the plaintiff as to the nature and extent of his injuries, suffering endured, the amount of wages lost and expenses incurred, as well as the impairment

[ 392 Pa. Page 309]

    of his future earning power was inadequate to support the award.

A recital of the proof adduced on the issue of damages would serve no useful purpose. From our review of the record we are satisfied that the lower court did not abuse its discretion in ordering a new trial for the purpose of redetermining the amount of damages which may properly be awarded the plaintiff.

Mr. Justice MUSMANNO dissents.

Disposition

Order affirmed.

19580421

© 1998 VersusLaw Inc.



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