Anello v. Murphy Motor Freight Lines, Inc.

I agree with the majority that the judgment of the district court should be affirmed with respect to the liability of all the defendants. I also agree that the award of $6,500 to Phyllis Anello for loss of consortium, while unquestionably high, is not so grossly excessive as to be set aside on appeal. However, I would order a new trial limited to the issue of John Anello’s damages.

The injury sustained by Anello was undoubtedly very painful, and the evidence showed that continued soreness in the foot somewhat impairs his ability to get around and do the things he once enjoyed. Even so, an…