194 A. 721 | Conn. | 1937
The only ground of error claimed in this appeal from a judgment for the plaintiff, in an action for damages resulting from an automobile collision, is that the amount of the judgment is excessive. The plaintiff, who was about thirty years of age, was thrown from the car he was operating to the pavement *309 and suffered severe lacerations about his head, face and hands, a considerable shock, and the pain consequent upon his injuries and their treatment. He was confined to the hospital for two weeks and thereafter, except for brief trips to see his doctor, for eight weeks to the house where he was staying. For about two months longer he was unable fully to attend to his business, a junk and furniture business, which he had conducted without assistance except that his wife had helped him to some extent. His store was closed for a period of about three months. The lacerations he suffered have caused permanent scars, which, except one to the scalp which is covered by hair, are clearly visible in ordinary daylight and have detrimentally altered his appearance. One of these scars may be somewhat remedied by an operation of plastic surgery. His special damages amounted to about $1000. The trial court awarded him $4000.
The facts stated are taken from the finding. The defendant sought numerous additions to it, of which some are immaterial and others state facts clearly evidential. Most of the corrections sought have to do with the character of the scars left by the wounds to the plaintiff's face and their effect upon his personal appearance. As the plaintiff was before the court, its findings in this regard are no doubt based largely upon its own observation and even though they do not accord with the testimony of the witnesses we cannot correct them. Kuczon v. Tomkievicz,
Aside from the special damages allowed, the court awarded the plaintiff about $3000 for the injuries suffered and the permanent effect of the scars upon his appearance. We could not find error in the amount of this award except upon the basis that the conclusion was one which the trial court could not reasonably reach. Belsky v. Sheronas,
There is no error.
In this opinion the other judges concurred.