The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1933-06-27
COURT DENIES
MOTION In GEO.
M. FOX'S CASE
JUDGE BROWN REFUSES TO
SET ASIDE VERDICT DEAL
ING WITH JURY AWARD AS
REQUESTED BY ATTORNEY

/ Judge Jefferson b. Browne this
morning rendered an opinion and
decision in the case Of George M.
Fox VS.. Florida East Railway COM
pany and denied the motion to set
aside the verdict and for new
trial made by w. H. Malone. at
torney for the company.
At the time the case was tried
and the verdict rendered granting
the plaintiff $4,000 damages,
! and not the $4,000 asked. Mr..
Malone made his motion. He was
answered by the attorney for Mr..
Fox, j. F. Busto. who contended
the award was not excessive.
In the opinion rendered Judge
Browne cited the American Nor
tally tables showing that man
81 years old, in sound health, has
life expectancy of about 10
years. Testimony showed the
plaintiff was afflicted with high
blood pressure and heart trouble
and during the year proceeding
his injury had So leaves of alb
sence for sickness.
Expert Testimony
Physicians testimony was to the
effect that the injury to Mr.. Fox's
hip greatly impaired his ability to
walk, or to use his legs in any
gainful occupation. This testi-
mony was uncontradicted. Also
that the plaintiff has suffered, is
suffering and will suffer much
bodily pain.
A man 81 years Of age not in
very good health, will find it diff
cult to acquire a new trade by
which he could earn living by the
use of his arms only, the decision
reads.
Il have not the calculation be-
fore as to what sum of money will
produce $1,000 year for 10
years. using the interest and part
of the principal each year so that
the principal would be exhausted
in Is years, but / have such cali
culation for nine years and this
amounts to $12,SfS.61. From the
amount of the verdict, $12, 900, it
IS apparent that the jury consid-
cred the life expectancy in this
case to be reduced by reason of
the condition of his health to even
less than that shown by the NOR
tally tables.
The testimony shows that he
has spent 500 for medical treat
ment after the accident
The opinion then cites as some
what helpful a recent case settled
in circuit court wherain Mrs. An
ME T. Sweeting had spent about
500 for doctors bills and nurs-
ing and the employment of some
one to do her work while she was
recovering from an injury. She
IA not now suffering and win not
from the same causes. The jury
awarded her $500, "thus allowing
for physical pain and suffering for
. short period. about $400."
Regarding Amount
''In the inatant case had the
jury specifically awarded sum
IL from $1,000 to $4,000 for past,
present and future pain and suf-
fering, this court would probably
not have disturbed the verdict.
II will assume therefore that
the jury allowed approximately
$1,000 Tor this item which with
the 500 expended BY the plaintiff
for medical attention fixes the
compensation at $1,000 showing
that the jury reduced the life ex-
pertancy considerably below nine
years.
The jury may have considered
the plaintiff had life expectancy
Of nine on more years. III they SO
found. assuming they allowed him
approximately $l.bO0 for pain and
suffering. a verdict Of approx.
mately $4,000 would have been
Indicated.
The court charged the jury II
ii found any negligence ON the
part 81 the plaintiff which contri.
buted to his injury. that such
negligence on his part would not
defeat recovery but would re.
duce the damages in proportion as
his own negligence contributed 10
the injury: this the jury may have
done and reduced the amount they
would have otherwise awarded to
$4,000.
Analysing the verdict IN this
way | rannes say that the amount
Continued On pagc Thrsel