Settell v. Horgan

MAUGHMER, Commissioner.

Plaintiff, Kenneth R. Settell, had a $7,500 verdict and judgment against Michael G. Horgan, defendant, for personal injuries sustained in a collision of their two automobiles. On his appeal defendant presents two and only two assignments of error. He says the trial court erred in giving Instruction #5 because it is not supported by any evidence of the permanency of plaintiff’s injuries and, second, either a new trial or a remittitur should have been ordered because the judgment for $7,500 is excessive.

The accident occurred about 11:00 a.m. on December 15, 1959, at the…