Symon v. Burger

528 N.E.2d 850 (1988)

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Nature of the Case

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Facts

On October 29, 1984 P and D were involved in an automobile accident in LaPorte, Indiana. D pulled out of Bernacchi's Farm Market into the path of P who was northbound on State Route 4. Both women were injured; both cars were totaled. The car P was driving was a 1973 Chevrolet Vega owned by her husband, Dean. P sued for lost wages, medical bills, and pain and suffering. She was absent thirty-eight and one-half (38 1/2) days from her job as a public school bus driver. She sustained five broken ribs, a concussion, a cut on her head that required stitches, damage to her super optic nerve, abrasions on both knees, various bruises, and scars on her forehead, knees, and elbow. She complains of numbness in her left side, pain in her ribs, headaches, neck pain, and a loss of stamina. Dean alleged damages including a towing bill, a rental car, the loss of his 1973 Chevrolet Vega, and loss of consortium with his wife. The charges for the towing of the wrecked Vega and the rental car were undisputed. P paid $2,300 for the Vega twenty-one months before the accident. He testified the Vega would hold its value because it had air conditioning, a cast iron engine block, no rust, and a perfect interior. Because of his wife's injuries, Dean had to do more chores around the house, eat his daughter's cooking which was not as good as his wife's, and refrain from sex with his wife for some time. Ps won verdicts in the amount of $2,100.15 and $1,482.20. Upon Ps' motion to correct errors, the trial judge granted additur raising the respective awards to $8,100.15 and $4,482.00.