Platt v. City of Ottumwa
| Decision Date | 18 November 1907 |
| Parties | M. M. PLATT v. CITY OF OTTUMWA, IOWA, Appellant |
| Court | Iowa Supreme Court |
Appeal from Wapello District Court.--HON. ROBT. SLOAN, Judge.
ACTION to recover damages for personal injuries resulting from a fall alleged to have been caused by a defective sidewalk. Verdict and judgment for plaintiff, and defendant appeals.
Reversed.
Gilmore & Moon and Tisdale & Heindel, for appellant.
Seneca Cornell and Jaques & Jaques, for appellee.
Plaintiff asked damages for permanent injuries, pain and suffering, and the necessary expenses of nursing and medical attendance suing in her own right and also as assignee of her husband. Evidence was introduced tending to show the expense of assistance necessarily procured in carrying on the housework which she had been performing before the injury, the charges for medical attendance, and the husband's loss of wages while nursing the plaintiff. There was evidence of plaintiff's loss of earnings in her occupation as a dressmaker. In addition to these items of actual expense, there was testimony tending to show pain and suffering.
With reference to the amount of plaintiff's recovery, the court instructed the jury as follows: "If you find the plaintiff is entitled to recover damages of the defendant, then, without proof of any particular amount, you will inquire and determine the amount thereof, which will be such sum as will justly and fairly compensate her for the physical and mental pain and suffering which was caused by the injury, the loss of time and the value thereof, the expense of nursing and care reasonably incurred and caused thereby, the expense of medical care and attention caused thereby, and, if any permanent physical injury to her was caused thereby, then such sum as will fairly compensate her therefor." The ground of objection urged for appellant to this instruction is that it allows the jury in determining the value of time lost and the expense of nursing, care, and medical attention, to entirely disregard the evidence, and allow such amount as it sees fit. To this objection we think there is no satisfactory answer. So far as damages to be allowed for physical and mental pain and suffering are concerned, the jury might no doubt allow such sum as they should think reasonably compensatory without proof of any particular amount, for no witness would be competent to testify as to the...
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