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KRUSINSKI v. CHIODA (06/19/58)

June 19, 1958

KRUSINSKI
v.
CHIODA, APPELLANT.



Appeal, No. 89, April T., 1958, from order of Court of Common Pleas of Allegheny County, Jan. T., 1955 A, No. 101, in case of Richard R. Krusinski, a minor, et al. v. John J. Chioda, defendant, and Joseph N. Krusinski, additional defendant. Order reversed.

COUNSEL

George M. Weis, with him Weis & Weis, for appellant.

Theodore M. Tracey, with him Edward O. Spotts, for appellees.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 186 Pa. Super. Page 420]

OPINION BY WOODSIDE, J.

This is an appeal by the defendant from an order of the Court of Common Pleas of Allegheny County granting the plaintiffs' motions for a new trial on the ground of inadequacy of the verdicts in an automobile collision case.

The jury awarded $950 to Joseph N. Krusinski, who became of age between the time of the collision and the time of the trial, and $2000 to Richard Krusinski and his mother, Anna. The trial judge properly refused to accept the $2000 verdict and returned the case to the jury, which then divided this sum, $500 to the mother and $1500 to Richard.

The stipulated damage to Joseph's automobile was $753. He had doctor bills in the amount of $79, and pharmacy and hospital bills in the amount of $5.25, bringing the total to $837.25. In addition to the above, he claimed "immediate earning loss of $72," and "subsequent earning loss of $250," as well as damages for pain and suffering.

Richard's hospital expenses were $222.60 and his doctors' bills $285. He suffered a broken jaw, and there was testimony that it would be necessary to have repairs made to his mouth after he matured, the cost of which was estimated at $300. There was also a claim for loss of earnings in the amount of $100.

The collision occurred shortly before midnight, September Irvine Street is a four lane street with a double trolley track in the center lanes.

[ 186 Pa. Super. Page 421]

Joseph, then 18 years of age, while driving his automobile home from Hazlewood, picked up his 14 year old brother, Richard. According to Joseph's testimony, as he approached his home on the right side of the road in the direction in which he was travelling, he stopped at the curb to let several cars pass. It was his intention to park his automobile in front of his ...


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