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Gist v. Allentown Wholesale Distributors, Inc., Appellant.

Negligence — Evidence — Sufficiency — Automobiles — Skiding on wet road — Verdicts — Excessiveness — $45,000.

In this action of trespass arising out of a motor vehicle collision, in which it appeared that as defendant's truck was proceeding downhill in a westerly direction on a wet curving road in daytime it skidded at a speed of from 50 to 60 miles an hour into the eastbound lane and struck the side of plaintiff's eastbound automobile and practically demolished it; and continued for another 100 feet where it struck a bank on the north side of the road: and it further appeared that the plaintiff received severe injuries, including permanent disability of the left arm, special damages of $7,244, and that he had a life expectancy of approximately 31 years; it was Held, in the circumstances, that (1) the evidence was sufficient to support a finding of defendant's negligence and (2) the verdict of $45,000 was not excessive.

OPINION PER CURIAM, March 15, 1960:

The judgment of the court below is affirmed on the opinion of Judge WOODRING for the court en banc discharging the defendant's motions for judgment n.o.v. and a new trial.

Judgment affirmed.

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GIST v. ALLENTOWN WHOLESALE DIST., INC
(Mar 15, 1960)