Kavanagh v. Butorac

Wickens, Chief Justice.

— The trial court acting without a jury, awarded plaintiff-appellee a judgment of $100,000 for personal injuries. Appellee was a passenger in an auto which collided with a motor vehicle driven by appellant. As a result of the collision appellee suffered an injury resulting in the surgical removal of his left eye and other injuries the latter of which the record treats as of minor significance.

Although the evidence is not conclusive that the damage to appellee’s eye was brought about by its forcible contact with the rear view mirror, that probability is hardly disputed.…