77 S. Ct. 443, 448, 1 L. Ed. 2d 493 (1957), the test of a jury case "is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury * * * for which damages are sought."
Defendant's second contention is that the verdict in the amount of $109,928.40 is excessive. In reviewing this issue, it must be borne in mind that the Court should not arbitrarily substitute its judgment for that of the jury if there is ample evidence to justify the award.
Plaintiff's evidence showed that his loss of earnings from the date of his accident to the date of trial was approximately $16,388.00 (N.T. 688, 832-833, 1023), and that he incurred medical bills in the sum of $1,941.00. He presented two expert medical witnesses, Doctor Corn and Doctor Gelfand.
The testimony of Doctor Corn (N.T. 459-498), a specialist in orthopedic surgery, may be summarized as follows: He examined the plaintiff for the first time on June 17, 1965 and obtained the following history from him and from the Sacred Heart Hospital, Allentown, Pennsylvania. He was employed as a railroad brakeman, that he fell from the top of a box car to the ground on December 15, 1963, and sustained injuries including a fracture of the right clavicle, fracture of the sternum and multiple fractures of the right rib cage. He was admitted to the Sacred Heart Hospital, and according to the records of that hospital, he appeared "shocky", was in considerable pain and had some respiratory distress. He received sedation and analgesics, and his right upper limb was immobilized with a sling. He was hospitalized for 39 days, and toward the end of his stay, he started on physical therapy treatments with exercise and massage. Plaintiff told Doctor Corn that ever since the injury he had experienced pain in the shoulder and arm, and that pain was felt with the use of the right arm especially when he is required to elevate it, and that he has severe pain at night, and takes aspirin for this pain, but received no other medical treatment.
Doctor Corn gave the plaintiff a physical examination and had x-rays taken of plaintiff's right shoulder, shoulder girdle and rib cage. After examining the x-rays, Doctor Corn concluded that plaintiff had post-traumatic tendonitis (Inflammation of the tendons) of the right shoulder (N.T. 465-469).
On October 4, 1968, Doctor Corn saw plaintiff for the second time. At this appointment plaintiff complained of limited motion in the right shoulder, that he had a heart attack in October of 1966 and a second one in January of 1967, that he complained of increasing pain and stiffness of the right shoulder since September of 1966. (N.T. 472).
A physical examination of the right shoulder and arm revealed the following limitations on the motion of the right arm: an eighty degree flexion, a 50% glenohumeral motion, and a thirty to forty degree external rotation. He could move his right hand behind his back only as far as his waist line instead of the shoulder blade level (N.T. 472-474). The doctor felt that "with the heart attacks and the forced rest, he (plaintiff) apparently has aggravated this condition to some degree and that now he has a rather severe adhesive capsulitis (restriction of motion) of the right shoulder." (N.T. 474).
It was Doctor Corn's opinion, that the orthopedic injuries of plaintiff were caused by the accident of 1963 and that the residual limitation of motion of his right arm was permanent, and that he would need medical care in the future. (N.T. 485-486).
The testimony of Doctor David Gelfand (N.T. 505-547), a specialist in the diagnosis and treatment of the heart and blood vessels, may be summarized as follows: He first saw plaintiff on February 3, 1968 at which time plaintiff complained of chest pains below the breast bone, shortness of breath on slight exertion and weakness and fatigue. Plaintiff had been admitted to the Coaldale State Hospital on September 18, 1966, where the diagnosis was a heart attack. He was readmitted to that same hospital on January 23, 1967. Doctor Gelfand gave plaintiff a physical examination, a fluoroscopic examination and an electrocardiogram. As a result of that examination his diagnosis was arteriosclerotic heart disease, coronary sclerosis with occlusion and anginal syndrome.
At a second visit on March 20, 1968, plaintiff complained of marked shortness of breath, of substernal pressure on slight exertion, pain in the right shoulder and of inability to raise his right arm. He was quite nervous and used Anacin and Aspirin constantly. He was given a physical examination similar to that of the first visit (N.T. 518-519).
The last time he saw plaintiff was on October 4, 1968, at which time he conducted the same type of physical examination as before (N.T. 519-520).
Doctor Gelfand gave his opinion as follows: "It is my opinion that the accident of December 15, 1963, has aggravated the physical condition of Mr. Fuhrman and precipitated the symptomatic phase of coronary artery disease manifested by the appearance of anginal syndrome. The coronary artery disease was progressive in nature and culminated in an acute myocardial infarction on September 18, 1966 (N.T. 515)." And again upon further questioning Doctor Gelfand stated:
"It is my opinion that the accident of December 15, 1963 did injure - did certainly cause the fractures which I described - and in addition gave rise to a bruise on heart muscle, a cardiac contusion as the result of the fracture, of the depressed fracture, of the breast bone.
"You must know that the heart lies immediately below, behind the breast bone, and in order to have - this must have been a tremendous force to cause a fracture in this particular area. You must remember that this is a very flat thick bone, and that this fracture was indeed depressed, and that this caused a bruise to the heart muscle which gave rise to his angina pectoris, and once this occurs, this injury to the heart muscle, you have a relentless progression of events which indeed culminate in his heart attack in September 1966, and therefore it is my opinion that the accident which he sustained in December 1963 is the cause of his present physical disability, not only from the fractures but also with regard to the heart itself." (N.T. 528-529).