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Timmerman v. Schroeder

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eBook details

  • Title: Timmerman v. Schroeder
  • Author : Supreme Court of Kansas
  • Release Date : January 17, 1969
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

The opinion of the court was delivered by In a personal injury action arising from a two-car collision at
a controlled intersection a jury returned a general verdict in
favor of plaintiff for $357.95. This sum was the exact amount
paid by plaintiff for medical expenses incurred as a result of
the collision. Plaintiff, Dora M. Timmerman, appeals from the
judgment of the trial court approving the verdict and asks that
the judgment be set aside and a new trial ordered on the issue of
damages. She contends the verdict was contrary to the evidence
and so grossly inadequate as to indicate passion and prejudice. Plaintiff received extensive facial lacerations from the
collision. Seventy-five stitches were required to repair the
injuries to her face. The plaintiff is the wife of an attorney
and is active in civic, charitable and professional associations.
She spent an hour and forty-five minutes in the emergency room of
the hospital while the injuries to her face were being repaired.
She suffered pain from both bruising and lacerations. She was
worried and concerned about her scarred facial appearance.
Plaintiff remained in the hospital for two days. She required
sedation to relieve her pain. The dressings and stitches were
removed one week after the accident. Later, three stitches were
required when a piece of glass was removed from plaintiff's
eyebrow. These final stitches were removed two weeks after the
accident. During this two week period she remained in bed much of
the time. Plaintiff received final treatment for her injuries
nine months after the accident occurred. She had complained to
her treating physician of pain in her neck. An x-ray of her neck
appeared normal. The physician was pleased with the facial repair
accomplished by his treatment. In his opinion she had a minimal
cosmetic defect at the time of the trial. Scarring was largely
confined to plaintiff's hairline and this could be covered by
proper hair styling.


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