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DAMIANI v. HABERMAN (12/12/63)

December 12, 1963

DAMIANI
v.
HABERMAN, APPELLANT.



Appeal, No. 178, April T., 1963, from order of Court of Common Pleas of Washington County, Nov. T., 1959, No. 2, in case of Elizabeth G. Damiani v. Harry Haberman, guardian of Sheldon Haverman, a minor. Order affirmed.

COUNSEL

Charles G. Sweet, for appellant.

Paul N. Barna, with him Barna & Barna, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 202 Pa. Super. Page 318]

OPINION BY MONTGOMERY, J.

Plaintiff-appellee recovered a verdict of $3,535.72 against appellant Sheldon Haberman, a minor, in an action of trespass for personal injuries sustained by her when she was struck by an automobile operated by him as she was crossing Thompson Avenue in the Borough of Donora, at 6:20 P.M., D.S.T., on May 28, 1959. On plaintiff's motion a new trial was granted because of the inadequacy of the verdict.

[ 202 Pa. Super. Page 319]

The case was contested on both the issue of liability and of damages. On the issue of liability plaintiff contended she was struck while crossing the street at a regular crossing, whereas defendant contended she was jaywalking at a place other than the regular crossing and that he had no chance of avoiding her.

On the issue of damages plaintiff contended she had severe and lasting injury requiring hospitalization on three occasions, with two operations, one for a double hernia and one for a thyroid condition, with residual pain and discomfort persisting to the time of trial. The defendant contended that the hernia and thyroid were not caused by the accident and that plaintiff had fully recovered and was able to return to her regular employment as of December 15, 1959.

The record would indicate little if any dispute as to the fact that plaintiff was thrown some distance by the impact with the car, and although not rendered unconscious, was stunned and dazed; that she was removed to the hospital by ambulance and confined there for 21 days during which she received medical and therapy treatments for bruises on her chest, left elbow, left hip and the lumbar region of her back, and wore a cervical collar while there to relieve pain in her neck; that after her discharge she was attended further by her family doctor, Dr. Levin, the same one who had attended her while in the hospital, until July, 1959, when, at her own request, she was referred to Dr. Faix of Pittsburgh, an orthopedist. It was Dr. Faix who detected the hernia and thyroid condition. However, aside from those conditions he rendered treatment to plaintiff for pain in her lumbar region and gave her physiotherapy treatments monthly. It was Dr. Faix who certified the plaintiff could return to work as of December 15, 1959.

To July, 1959, when plaintiff was released by Dr. Levin to Dr. Faix, plaintiff's expenses and lost ...


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