Johnson v. Sartain

WIRTZ, J., WITH WHOM CASSIDY, J., JOINS, DISSENTING:

In my opinion, a realistic appraisal of the evidence in the record discloses that the injuries sustained by plaintiff resulted in, at most, a “black eye,” albeit a severe one. I am of the conviction that the award of the jury of $5,000 as general damages for such injury was clearly excessive under the rule applicable in this jurisdiction as set forth in Vasconcellos v. Juarez, 37 Haw. 364, 366. Cf., Crawford v. American Stores Co., 5 N.J. Misc. 413, 136 Atl. 715; Dyer v. Warwick, 19 La. App. 354, 140 So. 254; Lexington & E. Ry. v. Robinson,…