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ZELINSKY ET UX. v. CHIMICS. (11/16/61)

November 16, 1961

ZELINSKY ET UX., APPELLANTS,
v.
CHIMICS.



Appeals, Nos. 81 and 82, Oct. T., 1961, from judgment of Court of Common Pleas of Carbon County, Jan. T., 1956, No. 62, in case of Walter Zelinsky et ux. v. George Chimics, Sr. et al. Judgment reversed.

COUNSEL

Howard R. Moore, Jr., with him Martin H. Philip, for appellants.

William H. Bayer, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 196 Pa. Super. Page 313]

OPINION BY MONTGOMERY, J.

These are appeals from final judgment in favor of the appellants which was entered after appellants' motion for new trial limited only to the question of damages, or in the alternative, a new trial, was overruled.

Appellants, Walter Zelinsky and his wife, Ann Zelinsky, instituted an action in trespass against George Ghimics, Sr. for personal injuries and property damage to the husband's automobile. The action arose out of a collision between the husband's automobile and an automobile owned and operated by appellee. On the appellee's motion the plaintiff-husband was joined with him as an additional defendant.

At the time of the accident, appellants were proceeding on a through highway at a speed of 30 miles per hour and appellee was traveling on a stop street. Appellee's right front bumper and fender collided with

[ 196 Pa. Super. Page 314]

    the right side of the husband's car, the force of the impact pushing the car to the left. The cost of repairs to the husband's car was $204.94.

The investigating officer testified that immediately after the accident Mr. Zelinsky was "well shook up". Mr. Zelinsky testified that there were no cuts on his body as a result of the accident and he "wasn't physically hurt"; that he missed a week from work immediately after the accident; that two months after the accident he quit his job because he couldn't keep his mind on his work and was worried about his family; that between the accident and October, 1957 he held five or six different jobs because he could not keep his mind on his work.

Mr. Zelinsky saw three doctors concerning his condition and was an inpatient in the hospital for twelve days in July, 1957 where he received eight shock treatments. He had no mental difficulties prior to the accident; had been a staff sergeant ...


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