Parker v. Belotta

• Citation: 200 S.E. 887,215 N.C. 87
• Decision Date: 01 February 1939
• Docket Number: No. 600.,600.
• Court: North Carolina Supreme Court
• Parties: PARKER. v. BELOTTA et al.

215 N.C. 87

200 S.E. 887

PARKER.

v.BELOTTA et al.

No. 600.

Supreme Court of North Carolina.

Feb. 1, 1939.

Appeal from Superior Court, Richmond County; F. D. Phillips, Judge.

Action by Harold Parker, by next friend, C. D. Parker, against Sam Belotta and another to recover damages for personal injuries received in an automobile accident. From a judgment for plaintiff, defendants appeal.

New trial.

Civil action to recover damages for personal injuries alleged to have been caused by the negligence of the defendants.

On June 6, 1936, Harold Parker was injured while riding in defendants' automobile. The tibia in his left leg was broken. Defendants' car was being driven at the time by one Olin Bankhead. They were going from Rockingham to Ashcboro to attend a ball game. Plaintiff was a member of the Richmond County Junior Team. The accident occurred between Rockingham and Ellerbe as a result of a blow-out and the manner in which the car was being driven at the time.

Plaintiff was taken to the Hamlet Hospital for treatment and incurred a hospital bill of $245.

About five months later, the plaintiff broke both bones in the same leg when he undertook to kick a football on the playground at the Rockingham High School.

The case was tried at the February Term, 1938, Richmond Superior Court on the usual issues of negligence and damages, and resulted in a verdict for plaintiff, the jury assessing his damages at $500.

The court set aside the verdict on the issue of damages as inadequate, and this issue was again tried at the March Term when the jury fixed the damages at $3,750.

On the second trial, over objection of defendants, plaintiff's father was allowed to testify that hospital bills amounting to $488 had been incurred "for the treatment of Harold on account of his broken leg." This evidence was admitted "not to show the amount of damages the plaintiff is entitled to recover but to be considered only as tending to show the extent of the plaintiff's injuries."

From judgment on the verdicts, the defendants appeal, assigning errors.

Fred W. Bynum, of Rockingham, for appellants.

J. C. Sedberry, of Rockingham, for appellee.

STACY, Chief Justice.

The case was tried upon the theory that plaintiff was not entitled to recover for loss of time or diminished earning capacity during his minority, nor for hospital bills. Shipp v. United Stage Lines, 192 N.C. 475, 135 S.E. 339. Any right of action which plaintiff's father may have was carefully preserved. Floyd v. Atlantic Coast...