Horowitz v. Fitch

Plaintiff appeals from a judgment of $1,000, entered upon a jury verdict in his favor in an action for damages for personal injuries and loss of use of his automobile. The action arose out of an intersection collision between the automobiles of the parties. Liability was admitted by defendant at the commencement of the trial. The main issue on appeal is the adequacy of the award.

To put the matter bluntly, the question before the jury for its determination was whether it believed appellant’s account of his subjective complaints of pain and suffering. It is apparent that the question was…