Stephens v. Continental Insurance Co.

ELLIS, Judge:

This is a suit for damages for personal injuries arising out of an automobile accident, brought by Robert Mark Stephens against David T. Thibaut, Jr., and Continental Insurance Company, his insurer. Liability was stipulated by defendants, and the only question presented to the trial court was whether the surgical removal of a pilonidal cyst was necessitated by the accident. The trial judge found that it was not, and awarded plaintiff only nominal damages. Plaintiff has appealed.

Plaintiff testified that on September 17, 1976, his vehicle was struck from the rear and that he was “…