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BUDMAN ET UX. v. LANDIS (06/13/68)

decided: June 13, 1968.

BUDMAN ET UX., APPELLANTS,
v.
LANDIS



Appeal from orders of Court of Common Pleas of Montgomery County, No. 64-5125, in case of Robert Budman et ux. v. Howard L. Landis.

COUNSEL

Wallace A. Murray, Jr., with him Wisler, Pearlstine, Talone & Gerber, for appellants.

W. Pugh, with him Robert W. Tredinnick, and Bean, DeAngelis, Tredinnick & Giangiulio, for appellee.

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

Author: Per Curiam

[ 212 Pa. Super. Page 285]

Orders affirmed.

Disposition

Orders affirmed.

Dissenting Opinion by Hoffman, J.:

This trespass action arose from a head-on collision on November 10, 1962, between automobiles driven by plaintiff-wife, Shirley Budman and defendant, Howard Landis. As a result of the collision, plaintiff-wife and plaintiff-husband, Robert Budman, filed suit against defendant for personal injuries and property damage.

A jury trial was held on June 9-13, 1966. The jury returned a verdict for the plaintiff-husband in the amount of $2500.00 and for plaintiff-wife in the amount of $1500.00.*fn1 Counsel for plaintiffs moved for a new trial on the ground that the verdicts were inadequate. The lower court en banc denied the motions for a new trial, and from that denial, this appeal followed.

Plaintiff-wife sustained special damages in the amount of $1,160.40, and was awarded a verdict of $1500.00 for her stated specials. The resulting sum of $339.60 was, therefore, for pain and suffering and permanent disfigurement.*fn2 In my opinion, the ...


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