Huffman v. Young, 55901
| Citation | 478 S.W.2d 332 |
| Decision Date | 10 April 1972 |
| Docket Number | No. 55901,No. 2,55901,2 |
| Parties | Eugene M. HUFFMAN, a Minor, by his Father and Next Friend, Thomas Huffman, Respondent, v. Charles YOUNG, Appellant |
| Court | United States State Supreme Court of Missouri |
E. J. Murphy, Butler, for respondent.
Roy F. Carter, Kansas City, for appellant; Sprinkle, Carter, Larson & Hanna, Kansas City, of counsel.
After trial to a jury, judgment was entered in favor of plaintiff in the amount of twenty-five thousand dollars for injuries suffered in an automobile collision. On appeal, defendant presents one issue, which is: 'The verdict is excessive and indicates passion and prejudice on the part of the jury in favor of the plaintiff and against defendant.'
Plaintiff, then 17 years of age, was in the hospital from the date of the collision on May 6 to May 23, 1969. Upon admission, on May 6 to May 23, 1969. Upon admission, with a massive accumulation of blood in the abdomen. During emergency surgery, it was found that he had a fractured spleen, which was removed, and also a contusion of the liver. Post operative treatment included aspiration of fluid from the chest cavity on two occasions. The splenectomy required the use of a catheter in the urinary tract for two weeks, from which, plaintiff developed a stricture of the urethra which is not, generally, susceptible to surgical repair because of the nature of the tissues involved. The stricture or scar tissue is controlled by regular dilation of the damaged area (twice a day at time of trial on April 29, 1970). Such treatment calls for the application of a local anesthetic by use of a syringe prior to 'insertion of a Q-tip with ointment' into the urethra canal. The prognosis, as shown by the evidence, was thought to be good if plaintiff follows a regular schedule of urethral dilation over a period of several years, ten years or perhaps during his lifetime. Generally, the doctors agreed that the functions of the spleen, after removal, are carried out by other organs in the body; and a person can carry out normal physiological functions without significant difficulty in the absence of the spleen, but that there are certain situations where it would be to one's advantage if it were still present. The spleen, being a part of the lymphatic system, traps infection as it comes through the bloodstream and would be needed most in the event of abdominal infection. Other injuries included lacerations over one eye and to the hips requiring twenty-seven sutures with some scarring through the left eyebrow.
The parties agree that they have been unable to find cases wherein the injuries considered were so similar as to provide any bases for comparison. This is not unusual in the area involved, Hodges v. Johnson, Mo.App., 417 S.W.2d 685, 689, and we repeat, again, that each case must rest upon its own facts. Representative cases cited by defendant include Hart v. City of Butler, Mo., 393 S.W.2d 568; Statler v. St. Louis Arena Corporation, Mo., 388 S.W.2d 833; Corte v. St. Louis Public Service Company, Mo., 370 S.W.2d 297; Westfall v. Mossinghoff, J & Company Mo., 345 S.W.2d 148; Price v. Seidler, Mo., 408 S.W.2d 815 and Hodges v. Johnson, supra. Plaintiff suggests Cotant v. United States (D.C.Idaho), 103 F.Supp. 770; Meares v. Dixie Creameries, 9 La.App. 213, 120 So. 133 and Mercurio v. State, 33 Misc.2d 729, 227 N.Y.S.2d 372. See also Mo.Dig., Damages, k Nos. 127 and 130. Lack of definitive guidance is further complicated by the fact that, 'In view of the rapid development of the inflationary trend in this nation judgments being considered today cannot be compared with those rendered several years ago.' Joly v. Wippler, Mo., 449 S.W.2d 565, 571.
Nevertheless, our approach to the problem was delineated clearly in Brown v. Moore, Mo., 248 S.W.2d 553, wherein the court said, l.c. 559: ...
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...for each case presents its own peculiar facts and circumstances which must be evaluated. Id. at 689; see also Huffman v. Young, 478 S.W.2d 332, 333 (Mo.1972). It is because of the unique facts and circumstances of each case that no fixed mathematical relation, between the amount of actual d......
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...that the broad discretion granted the jury and trial court has been arbitrarily exercised and abused. Under the rulings in Huffman v. Young, 478 S.W.2d 332 (Mo.1972); Long v. Hooker, 443 S.W.2d 178 (Mo.1969), and related cases, the verdict of the jury under these circumstances is conclusive......
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