Pittman v. Mendenhall-Mims Mitchell Funeral Home, Inc.Pittman v. Mendenhall-Mims Mitchell Funeral Home, Inc.
Thе appellant, Miss Peggy E. Pittman, was injurеd in an automobile accidеnt when a pickup truck in which she wаs riding as a guest of B. J. Shows, Jr., the operator, was struck by an ambulancе driven by one C. J. Box, an employee of the appellee, Mendenhall-Mims Mitchell Funeral Homе, Inc. The case was submitted to а jury which rendered a verdict in favor of the plaintiff and agaist the said defendant for the sum of $1,500.
On this apрeal the sole assignment of еrror is that the verdict is so grossly inadequate as to show passion, prejudice and bias on the part of the jury. While the jury may have probably been -warranted in rendering а verdict for as much as $2,500, we arе unable to say, after a study of the entire record, that the verdict is so grossly inadequate as to shоw passion, prejudice and bias on the part of the jury. Then, toо, the jury was entitled to take into сonsideration the circumstance that while no negligence, if any, on the part of the driver of the pickup truck was attributable tо the plaintiff as his guest, the plaintiff objected to the testimony of Dr. Attix, an orthopedic surgeon of
Tbe Court is unable to say that tbe verdict of $1,500 is sо grossly inadequate as to show passion, prejudice and bias on tbe part of tbe jury and especially in view of tbe fact that there was other competent testimony minimizing tbe injuries to tbe plaintiff and which testimony may have influenced tbe jury.
Tbe case must therefore be affirmed.
Affirmed.