Trombero v. McWilliams

Prescott, J., delivered the opinion of the Court. A plaintiff, who is dissatisfied with the amount of damages awarded him by a jury in the trial below, has appealed. He brought suit in the Superior Court of Baltimore City for damages to his automobile and alleged personal injuries resulting from an automobile accident that occurred on January 30, 1957. The appellee-defendant admitted liability.

At the conclusion of the trial, the jury rendered a verdict in favor of the plaintiff for the amount of damages to his automobile, but failed to award him anything for his alleged personal injuries, doctor’s and hospital bills and other expenses allegedly incurred as a result of the accident. It will be noted from the above that the collision involved in this suit occurred on January 30, 1957. It appears that the plaintiff received, in May of 1958, another injury to the same leg that he complained of in the instant case, and also an injury to his stomach. In his declaration, the plaintiff had alleged that he had received serious and permanent injuries as a result of the collision with the defendant.

In his direct examination, the plaintiff, in response to an inquiry from his counsel, stated that he had had no other “injuries of any kind” since 1945. On cross-examination, he was reminded of this statement and he repeated that he had had no serious injury since 1945. Counsel for the defendant then asked him if he had not been “right badly hurt” when he was standing by his car at the Chesapeake Cadillac garage and was pinned between the bumper and the hood of an automobile. [This was the injury of May, 1958.] The plaintiff answered, “that was after this accident here.” After a few more questions, counsel for the plaintiff moved to strike all of the questions and answers relating to the injury of May, 1958, unless the opposing counsel “tells us how he intends to tie that up with the claim in this case.” The trial judge instructed counsel for ⁴⁰¹ the plaintiff to make a note of the motion, and, if counsel for the defendant did not “connect” the testimony up more definitely, he would strike it out. Defendant’s counsel then called the plaintiff’s attention to the fact that he had requested an item of expense for whirlpool baths and asked if the whirlpool baths were taken as the result of the injury received in the collision with the defendant.

The plaintiff replied they were. Defendant’s counsel then asked if the plaintiff had not sworn in “his deposition” that he had taken some of the baths as a result of the injury received in May, 1958. Plaintiff’s counsel objected and was overruled, but the question was not answered. Shortly thereafter, plaintiff was asked the name of the man who was driving the car that injured him in the May, 1958, accident, and he replied that he did not know.

Defendant’s counsel then asked if the plaintiff had not employed counsel to prosecute a claim against this man for injury to his leg. Counsel for the plaintiff asked leave to approach the Bench, and the question was withdrawn. Counsel for the plaintiff then approached the Bench and made a motion for a mistrial, which was denied, the court again stating to counsel that if it developed that the testimony had “no connection with the injury of 1957” he would so instruct the jury. Several times thereafter reference was made to the injury received by the plaintiff in May, 1958, but it would serve no useful purpose to set forth this testimony in detail.

Suffice it to say that we have read it in detail and carefully considered it as it is stated in the record extract. In his charge to the jury, the trial court told the jury that he was granting the motion to strike all testimony