Fugere v. Pierce

490 P.2d 132 (1971)

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Nature of the Case

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Facts

P and her passenger were involved in a 3-car, 2-stage collision. P's car was initially struck by an oncoming car driven by a third party, and then subsequently struck, from 1 to 3 seconds later, on the left side, at or near the front door, by D's car which had been following P. P's car was damaged and P sustained a laceration or tearing of the top of her liver that was 6 inches long, 2 or 3 inches deep, and 1 inch wide. She also sustained injury to the small finger of her left hand, which left some permanent disability, an injury to her lip, and broke her dentures. The trial court instructed the jury as follows: You are instructed that if you find defendant Oscar E. Pierce, Jr. negligent and that such negligence proximately caused injuries or damages to the plaintiff, defendants are liable to the plaintiff for such injuries and damages of plaintiff which were proximately caused by such negligence. However, defendants are not liable for any injury or damages sustained by plaintiff which were proximately caused by the negligence of some person other than the defendants. The jury returned a verdict for $2,500, which was substantially less than the special damages. P motioned for a new trial restricted to the issue of damages. That was denied. P appealed.