Mosley v. Dati
| Decision Date | 21 September 1961 |
| Docket Number | No. 11,A,11 |
| Citation | 363 Mich. 690,110 N.W.2d 637 |
| Parties | Ledell MOSLEY, Plaintiff and Appellant, v. Vidio DATI and Florence M. Dati, jointly and severally, Defendants and Appellees. pril Term. |
| Court | Michigan Supreme Court |
Roy De Gesero, Saginaw, for appellant.
Smith, Brooker & Harvey, Saginaw, for appellees.
Before the Entire Bench.
SOURIS, Justice (for reversal).
Plaintiff appeals from a judgment based upon a jury verdict in the precise amount of his medical expenses incurred as a result of injuries suffered when the car in which he was sitting was struck from the rear by defendants' car. He charges that the verdict was grossly inadequate because it did not award him damages for his pain and suffering and for loss of earnings.
In Fordon v. Bender, 363 Mich. 124 and 126, 108 N.W.2d 896, decided last April, we reversed a judgment for inadequacy of a jury verdict in a personal injury case because the great weight of the evidence compelled an award of damages for pain and suffering and because failure to award such damages by returning a verdict equal only to plaintiff's special damages manifested disregard by the jury of proper instructions given by the court.
We are compelled to reach the same result in the case at bar and for the same reasons. There was evidence from plaintiff that he suffered pain immediately after the impact at the scene of the injury and a policeman testified that, indeed, plaintiff then complained of pain. Plaintiff also testified of his various pains, dizziness, headaches and shortness of breath from the date of injury to the date of trial. His doctor confirmed his continuing complaints of pain and testified that pre-existing scoliosis and arthritis could have been aggravated, with resulting pain, by the injury to plaintiff. Defendants' doctor testified that he found tenderness in plaintiff's dorsal spine, where the scoliosis and arthritis were located, upon percussion and backward bending. We are convinced by a review of the testimony on this point that the great weight of the evidence preponderates in favor of a finding that plaintiff did, in fact, endure pain and suffering as a result of the injuries caused by defendants' negligence.
As a matter of fact, the jury must have so found, for included in the plaintiff's medical expenses were the cost of diathermy treatments and hypodermic injections given him to relieve pain. By its verdict the jury found such treatments and injections to be reasonable in cost and...
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Bosak v. Hutchinson
...and suffering, mental anguish, loss of social pleasure and enjoyment, embarrassment, etc." He relies on Cooper, supra, Mosley v. Dati, 363 Mich. 690, 110 N.W.2d 637 (1961), Fordon v. Bender, 363 Mich. 124, 108 N.W.2d 896 (1961), and Weller v. Mancha, 353 Mich. 189, 91 N.W.2d 352 (1958), whe......
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Kelly v. Builders Square, Inc.
...then moved for a new trial on damages only. Relying on Fordon v. Bender, 363 Mich. 124, 108 N.W.2d 896 (1961), and Mosley v. Dati, 363 Mich. 690, 110 N.W.2d 637 (1961), she asserted that wherever a jury finds negligence and awards medical expenses, it must also award damages for pain and su......
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Gould v. Mans
...a disregard by the jury of proper instructions given by the court. Fordon v. Bender, 363 Mich. 124, 108 N.W.2d 896; Mosley v. Dati, 363 Mich. 690, 110 N.W.2d 637; Gomes v. Roy, 99 N.H. 233, 108 A.2d 552. A verdict of this nature is also said to be a compromise, Allbee v. Berry, 254 Iowa 712......
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Shewry v. Heuer
...112 Conn. 228, 152 A. 64; Browder v. Beckman, 275 Ill.App. 193, 198-199; Fordon v. Bender, 363 Mich. 124, 108 N.W.2d 896; Mosley v. Dati, 363 Mich. 690, 110 N.W.2d 637. We refer now to some of our own precedents we think support our conclusion here. Tathwell v. City of Cedar Rapids, 122 Iow......