Henne v. Balick

Bramhall, J.:

This appeal relates to an action for personal injuries in which plaintiff’s counsel in his closing argument to the jury was permitted (1) to present plaintiff’s claim for loss of earnings on a per diem basis without specific evidence to support it; and (2) to present, along with a blackboard demonstration thereof, plaintiff’s claim for damages for pain and suffering on a per diem basis.

Plaintiff was injured in an automobile accident on November 25, 1955. At the trial it was shown that plaintiff sustained an injury to his back, a disfiguremnt, an impairment of the sense of smell…