Messer v. Beighley

Opinion by

Mr. Justice Eagen,

The plaintiff fell and was seriously injured while shopping in defendant’s grocery market. This action for damages resulted, and after trial the jury awarded the plaintiff the sum of $50,000. The court directed a retrial. The plaintiff appeals.

Plaintiff’s medical expenses, incident to the treatment of the injuries complained of, amounted to $597.70. Additionally, he lost wages in the sum of $791.83, or a total of “out of pocket” expenses in the amount of $1389.53. The only other item of recoverable loss submitted to the jury by the trial judge was for pain and…