and pinpointed cross-examination. There is no doubt in our mind that a jury could reasonably decide as this one did. Hence there is no basis for granting a new trial.
Defendant's last objection is based upon the $50,000 verdict for Mrs. Carpenter. Defendant claims that the verdict is so far beyond the normal, and even the broad range of verdicts in this kind of case, that a new trial on the issue of damages to the spouse is necessitated. We have reexamined the record which was developed pertaining to the losses suffered by Mrs. Carpenter. There was testimony that Mrs. Carpenter took care of her husband after his release from the hospital (T.R.6-71), that their social life had been sharply curtailed (T.R. 6-87, 6-88, 7-20), that prior to the accident Mr. Carpenter helped with cooking and assorted household tasks, but could not do so after the accident (T.R. 7-14), that this aid had been fifteen to twenty hours per week prior to the accident (T.R. 7-14), that after the accident he was moody, depressed, and "really changed" (T.R. 7-17 to 7-18), that now she had to wait on him "like waiting on a baby" (T.R. 7-18), and that she currently takes medicine daily as a result of the emotional strain his attitude and conduct cause her (T.R. 7-22 to 7-23).
The accident occurred when Mr. Carpenter was 45 years old. His wife was the same age. The trial occurred when plaintiff was 48 years old and had a life expectancy of 24.7 years (T.R. 7-101). Since his wife's life expectancy was slightly over 30 years, we may assume for the purposes of this opinion that they will have 24.7 more years of married life. The accountant who testified on behalf of the plaintiff at trial used a six per cent simple interest figure for calculating present value. Using his figures, we have independently determined what annual payment over the anticipated remainder of the Carpenters' marriage would yield a present value of $50,000 to Mrs. Carpenter. This amount is $3,210.89 annually. Given the extent of the deprivation, the change in spirits of Mr. Carpenter, the nature of the duties thrust upon Mrs. Carpenter by her husband's injuries, and the anticipated duration of this situation, we cannot say that this verdict is arbitrary or capricious, or exceeds the outer limits for such an award.
Therefore, while subjectively, we may find the verdict to be on the high side, we cannot say, objectively, that it shocks our conscience, in view of the extent of the deprivation, disruption and loss of consortium which Mrs. Carpenter has suffered. Since the jury has not gone beyond the outer limits, there is no reason to require a new trial on this score. Defendant's motion, accordingly, will be denied. Draper v. Erie R.R., 285 F.2d 255 (3d Cir. 1960); Foresman v. Pepin, 71 F. Supp. 772, 775 (E.D. Pa. 1946), aff'd, 161 F.2d 872 (3d Cir. 1947).
For the reasons cited, the verdict will be upheld.
AND NOW, to wit, this 21st day of March, 1975, the motions of defendant Koehring Corporation for judgment n.o.v. or, in the alternative, for a new trial, are hereby DENIED.
It is further ORDERED that interest be computed from June 14, 1974, the date of entry of judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure.
BY THE COURT:
HERBERT A. FOGEL J. United States District Court