Barks v. Herzberg

WOLCOTT, Justice.

This is an appeal by the plaintiff upon the issue of damages only from a judgement of $1,000.00 in his favor. The basis of the appeal is his contention that the amount of the award is wholly inadequate in the light of the evidence produced. The trial was before the Court in the absence of a jury.

Briefly, the facts are that the plaintiff, an operator of heavy machinery, while going to his job site as a passenger in a pickup truck, was injured when the defendant’s car crashed into the rear-end of the pickup truck which had stopped at a red light. As a result of the impact the…