Patitucci v. Gerhardt

The appellant does not question the sufficiency of the evidence to sustain the verdict The appeal raises the question of the propriety of permitting plaintiff to recover full damages in this action. The cross-examination of the plaintiff disclosed that he carried collision insurance upon his car; that this collision insurance provided for the payment of all loss due to collision within the limits of the policy, over and above the sum of $75, and that the insurance company had paid to plaintiff the difference between the sum of $342 and $75. Upon the basis of this testimony the appellant…