Sheiman v. Sheiman

• Decision Date: 28 February 1956
• Citation: 143 Conn. 222,121 A.2d 285
• Court: Connecticut Supreme Court
• Parties: Milton SHEIMAN, Administrator (Estate of Ruth Sheiman) v. Leo SHEIMAN et al. Supreme Court of Errors of Connecticut

Page 285

121 A.2d 285

143 Conn. 222

Milton SHEIMAN, Administrator (Estate of Ruth Sheiman) v. Leo SHEIMAN et al.

Supreme Court of Errors of Connecticut.

Feb. 28, 1956.

J. Warren Upson, Waterbury, for appellants (defendants).

David Goldstein, Bridgeport, with whom, on the brief, was C. Harold Schwartz, Bridgeport, for appellee (plaintiff).

Before INGLIS, C. J., BALDWIN, O'SULLIVAN and DALY, JJ., and SHEA, Superior Court Judge.

BALDWIN, Associate Justice.

The defendants have appealed from a judgment entered upon a verdict for the plaintiff for $9,000. They assigned error in the denial of their motion to set the verdict aside, but they press only the ground that it is excessive. The issue is whether the trial court abused its discretion. Trani v. Anchor Hocking Glass Corporation, 142 Conn. 541, 545, 116 A.2d 167; Maltbie, Conn.App.Proc., § 114. The test is 'whether the award falls somewhere within the necessarily uncertain limits of just damages or whether the size of the verdict so shocks the sense of justice as to compel the conclusion that the jury were influenced by partiality, prejudice, mistake or corruption.' McKirdy v. Cascio, 142 Conn. 80, 86, 111 A.2d 555, 558; Gorczyca v. New York, N. H. & H. R. Co., 141 Conn. 701, 703, 109 A.2d 589. The refusal of the trial court to disturb a verdict is strong support for its propriety. McWilliams v. American Fidelity Co., 140 Conn. 572, 575, 102 A.2d 345.

The plaintiff's decedent, Ruth Sheiman, a woman thirty-eight years old, was a passenger on the front seat of an automobile owned by the defendant corporation and operated by her husband, the named defendant, along the Merritt Parkway in Greenwich on the night of August 1, 1952. Although it was raining, the car was being driven at sixty miles an hour when it skidded, went out of control and struck the fence beside the highway. Mrs. Sheiman was thrown from the car. All the evidence in the case concerning damages has been appended to the defendants' brief.

The court, in its memorandum of decision on the motion to set aside the verdict, made an accurate and complete summary of the injuries sustained by Mrs. Sheiman. It is unnecessary for the purpose of this opinion to catalogue them again in full. Her head, body and limbs were extensively and painfully injured, her head the most seriously. She sustained blows which lacerated her scalp so that it required suturing, blackened an eye, injured her jaw, loosened her front teeth, and produced symptoms of a fractured skull although a fracture could not be confirmed by x-ray. The concussion to her brain caused severe headaches, insomnia, ringing in her right ear with some loss of hearing, and dizziness, which two months later was sufficiently severe to cause her to fall on the street and injure her leg. She was nervous and irritable. She was hospitalized from August 1 to August 6. Three physicians attended her: one, while she was in the hospital; another, an orthopedist, saw her twice; a third, a neurologist and psychiatrist, treated her on August 25 and 28 and on October 10, 14 and 20. On October 20 she was still complaining of pain in her head and attacks of dizziness. The doctor testified: 'I felt this could go on indefinitely. I have no way of knowing how long.' There was no evidence of any complaints after October 20. Six months before the accident, Mrs. Sheiman's right breast had been removed in a mastectomy. She had recovered from this operation by August 1 except for some swelling in the right arm. She died on September 11, 1954, twenty-five months after the...