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DEVIRGILIIS v. GORDON (06/13/68)

decided: June 13, 1968.

DEVIRGILIIS
v.
GORDON, APPELLANT



Appeal from judgments of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1965, No. 5166, in case of Benjamin DeVirgiliis et ux. v. Howard J. Gordon.

COUNSEL

Charles Jay Bogdanoff, with him Albert C. Gekoski, for appellant.

Michael Goldman, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hannum, J. Watkins, J., joins in this dissenting opinion.

Author: Per Curiam

[ 212 Pa. Super. Page 549]

Judgments affirmed on the opinion of Sloane, P. J., of the court below.

Disposition

Judgments affirmed.

Dissenting Opinion by Hannum, J.:

This is an action in trespass which was tried non-jury before Sloane, P. J. The trial judge entered verdicts in favor of the husband-plaintiff in the sum of $2,000.00 and in favor of the wife-plaintiff in the sum of $10,000.00. The defendant's exceptions were dismissed by the court en banc and judgments were entered on the verdicts, from which the defendant has appealed.

On January 11, 1965 plaintiff-wife driver sustained personal injuries in an automobile accident with an automobile driven by defendant. As a result of the impact, her nose, mouth and ribs came in contact with the steering wheel of her car.

I cannot agree that the wife-plaintiff established by competent medical evidence that there was a causal relation between the accident and the dental treatment which she received.

Prior to the accident the wife-plaintiff had a partial plate attached to six of her own teeth in the lower part of her mouth. She had no natural ...


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