Bergeron v. Prudential Insurance Co. of America

The Court’s finding that “[t]his collision . . . inflicted no physical force upon his (deceased) body” could reasonably be made on the evidence and plaintiff’s exception thereto must be overruled. Wisutskie v. Malouin, 88 N. H. 242, 244. The manner in which the accident happened, a car coming out of a parking space ripping the right rear fender of deceased’s car causing its tire to blowout resulting in an estimated damage of $75 to his car, coupled with the absence of any testimony that the collision did inflict physical forcé on deceased’s body, is sufficient evidence to justify the above…