Gorman v. Mainzer, 46.

• Decision Date: 04 March 1930
• Docket Number: No. 46.,46.
• Citation: 149 A. 122
• Parties: GORMAN et al v. MAINZER et al.
• Court: New Jersey Supreme Court

149 A. 122

GORMAN et al

v. MAINZER et al.

No. 46.

Supreme Court of New Jersey.

March 4, 1930.

Action by Jean Gorman, by her next friend, and others, against Morton Mainzer and another. Verdict for plaintiff named. On defendants' rule to show cause why verdict should not be set aside.

Rule discharged on condition of remittitur.

Argued October term, 1929, before GUMMERE, C. J., and KALISCH and CAMPBELL, JJ.

Edwin P. Smith and Raymond Dawson, both of Jersey City, for the rule.

Alexander & Cohn, of Paterson, opposed.

PEE CURIAM.

Claude Gorman, the father of the infant child, Jean, was driving a Ford coupé northerly on Maple avenue, in Glen Rock, Bergen county, at about eight o'clock of the evening of December 30, 1928. The car had but one seat, and was occupied by Claude Gorman, sitting on the left side, his wife sitting next to him on his right, and his mother-in-law sitting next and at the extreme right. On the wife's lap was a young child, of a few months of age, and on the lap of the mother-in-law, was sitting the plaintiff Jean, who was at the time of the happening about four years of age.

The defendant, Mainzer, was the owner of a Ford roadster, which was being operated by the defendant, Aree, and occupied by him, and his wife and child. This car was being driven southerly on Maple avenue, and was followed by a Cleveland car operated by one Volenski.

The Ford coupé of Gorman and the Ford roadster driven by Aree came into collision, and immediately thereafter Gorman's car and that of Volenski collided. The Gorman car was forced around in the highway and upset. The right arm of the child, Jean, was pinned under the car and so badly injured that it was necessary to amputate it at a point between the elbow and the shoulder.

The impact of the collision forced the roadster, driven by Aree, over to its left-hand side of the roadway, up and over the curb and into a tree, where and when it came to a stop.

The Volenski car, which was following that of Aree, was either forced or driven upon and over the curb and sidewalk, upon its right-hand side of the road, and upon a lawn and into a tree, when and where it came to a stop.

The infant plaintiff, Jean Gorman, has a verdict of $35,000, which the defendants seek to set aside, urging two reasons: (1) That it is against the weight of the evidence; (2) that it is excessive.

The proofs present two distinct versions of the happening.

Gorman and his wife and mother-in-law say that the car in which they were riding was being driven on the right side of the road at a speed of from 18 to 20 miles per hour; that the roadster,...