Glass v. David Pender Grocery Co.

5 S.E.2d 478, 174 Va. 196, 1939 Va. LEXIS 154
CourtSupreme Court of Virginia
DecidedNovember 20, 1939
DocketRecord No. 2118
StatusPublished
Cited by38 cases

This text of 5 S.E.2d 478 (Glass v. David Pender Grocery Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glass v. David Pender Grocery Co., 5 S.E.2d 478, 174 Va. 196, 1939 Va. LEXIS 154 (Va. 1939).

Opinion

Spratley, J.,

delivered the opinion of the court.

This is an action instituted by Mrs. Rubye A, Glass against the David Pender Grocery Company, Inc., to recover damages for injuries to her person received on April 7, 1938, which she alleges were caused by the negligence of the defendant corporation.

There is not a material fact in controversy in the case, either as to the cause of the injuries or as to their nature and extent.

[198]*198The defendant conducts a general grocery store at Halifax, Virginia. Mrs. Glass entered the store on April 7,1988, as a customer. She purchased some groceries and started on her way out of the store. Just before she reached an outside door, she stepped into a small hole in the floor. She had not observed the hole nor any indication of a break in the flooring. In falling, one foot and her leg went through the hole to the knee. She fell down backwards to a sitting position, her hip hitting the floor.

The hole had been caused only a short time before the accident by a wheel of a small hand truck breaking one of the flooring planks. The broken plank did not fall entirely out of place, and the break was not open and obvious. The defendant’s agent, the manager in charge of the store, knew of the breaking of the flooring at the time of its occurrence, before Mrs. Glass entered the store. He placed no covering or protection over the broken place, and gave Mrs. Glass no warning of its existence.

Under appropriate instructions, given without exception by either party, the jury found a verdict for the plaintiff.

On the ground that the damages awarded were inadequate under the facts of the case, the plaintiff moved the trial court to set aside the verdict and to grant her a new trial on the sole issue as to the quantum of damages. This motion was overruled, and judgment was entered in accordance with the verdict. The defendant took no exception to the verdict, nor to the ruling of the trial court.

The liability of the defendant is clear. The full preponderance of the evidence supports a right of recovery. There is no issue here on that point nor need it be further .considered.

The sole question before us is whether the damages awarded are adequate and. sufficient compensation for the injuries sustained by the plaintiff. .

The evidence as to the injuries of the plaintiff is furnished by three competent physicians of high standing and experience, by Mrs. Glass and by her husband. The evidence [199]*199of two of these physicians was presented by depositions. There is no contradiction of any of their testimony.

Mrs. Glass immediately observed after her fall that she could not walk without some difficulty. She went home and dressed her wounds. In the afternoon she began suffering severe pains in the region around the lower spine and hips and extending to the bottom of her foot. She called in her family physician, Dr. I. K. Briggs, who has since continuously treated her with the assistance of the doctors hereinafter named.

As a result of the fall, it was found that she had suffered a sprain in the left sacroiliac joint (the junction of the spine with the hip bone), an irritation of the sciatic nerve, injury to the internal lateral ligaments of her left knee and to the cartilage inside the knee joint, in addition to external bruises and abrasions. All of the injuries, especially to the sciatic nerve, one of the largest nerves in the body, are of an extremely painful nature.

Dr. Briggs first applied a cast to the leg from the foot to the hip. This cast was left on for three weeks. During that time her back was also strapped up. When this cast was removed in August, 1938, the patient was still suffering so much that her physician sent her to Bichmond to consult Dr. C. C. Coleman, a neurological specialist. Dr. Coleman after an extensive examination called in Dr. H. P. Mauck, an orthopedic surgeon. Upon his advice, the sciatic nerve was stretched and a new cast applied from the arm pits down to and over the foot on the injured side and down to the knee on the right side. The muscles were massaged and manipulated. It was necessary to administer anaesthet-ics while this treatment was being given. Mrs. Glass was a patient in one hospital eleven days and in another six weeks and five days.

On the day of the trial, December 8, 1938, eight months after the accident, Mrs. Glass was still wearing a stout garment with extra steel stays and a sacroiliac belt combination in order to enable her to sit more easily. The injuries to the ligaments and cartilages in her knee joint made it [200]*200still very painful for her to walk, the knee giving away in extremes of flection and extension. She was unable to stand on her feet for any length of time or do any kind of lifting or bending.

In the opinion of the physicians, it will be necessary for Mrs. Glass to return to a hospital for an operation to remove the torn or loose cartilage in the knee. She must stay in the hospital two or three weeks. Two or three months will be required for a recovery from the operation and the disability pre-existing the operation, the wasting of the thigh and the disuse of the knee joint. If the operation is not performed, she will have “considerable permanent disability,” the loose cartilage in the joint causing continual irritation and irreparable damage to the joint. She must always suffer, even though she undergoes the operation, a permanent disability of ten to twenty percent in the use of her knee. It is thought that with continued treatment the injury to her back will clear up in six to twelve months.

The suffering and prolonged disability has produced a highly nervous condition in Mrs. Glass. The physicians are agreed that the objective symptoms are perfectly consistent with the subjective symptoms of which she complained.

Mrs. Glass has been unable, in the meantime, to perform her usual house work, or to give attention to her three children, respectively aged four, eight and eleven years. She and her children have moved to the home of her mother in order to send the children to school properly prepared. The expenses incurred in connection with the injuries included hospital and doctors fees and medical and traveling expenses amounting to $931.70.

To compensate Mrs. Glass for the expenses incurred, the sums necessary to be expended in the future to recover her health, for her personal injuries and for her mental and physical suffering, the jury awarded her $3,000.00.

It is unnecessary to examine the vast number of cases and rules from other states involving the rule applicable to the question before us. The rule has been suf[201]*201ficiently set forth in Virginia. We have from time to time consistently held that the verdict of a jury in personal injury cases will not be set aside as inadequate or excessive unless it is made to appear that the jury has been actuated by prejudice, partiality or corruption, or that it has been misled by some mistaken view of the merits of the case. The following cases review and analyze the rule prevailing in Virginia and its application in many former cases: Aronovitch v. Ayres, 169 Va. 308, 193 S. E. 524; Stallard v. Atlantic Greyhound Lines, 169 Va. 223, 192 S. E. 800; Rawle v. McIlhenny, 163 Va. 735, 177 S.E. 214; Stuart Circle Hospital Corporation v. Curry, 173 Va. 136, 3 S. E. (2d) 153.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lindsay D. Sightler v. Ashley Lubecki, D.O.
Court of Appeals of Virginia, 2025
Stebbins v. Clark
5 F. App'x 196 (Fourth Circuit, 2001)
Pickle v. Good
54 Va. Cir. 302 (Roanoke County Circuit Court, 2000)
Foy v. Gilera
51 Va. Cir. 421 (Virginia Beach County Circuit Court, 2000)
Bates v. Bailey
48 Va. Cir. 161 (Richmond County Circuit Court, 1999)
Phares v. Fahrney
47 Va. Cir. 211 (Rockingham County Circuit Court, 1998)
Scorgie v. Brown
46 Va. Cir. 32 (Loudoun County Circuit Court, 1998)
Mills v. Eppley
44 Va. Cir. 318 (Virginia Beach County Circuit Court, 1998)
Brant v. Rhinehart
43 Va. Cir. 565 (Rockingham County Circuit Court, 1997)
Bowers v. Sprouse
492 S.E.2d 637 (Supreme Court of Virginia, 1997)
James v. Gatlin
43 Va. Cir. 338 (Virginia Beach County Circuit Court, 1997)
Williams v. Bull
45 Va. Cir. 23 (Norfolk County Circuit Court, 1997)
Vegas v. Morris
40 Va. Cir. 474 (Richmond County Circuit Court, 1996)
Sparrow v. Parker
39 Va. Cir. 236 (Virginia Beach County Circuit Court, 1996)
Wallace v. Hines
38 Va. Cir. 493 (Norfolk County Circuit Court, 1996)
Wingo v. Harris
38 Va. Cir. 346 (Richmond County Circuit Court, 1996)
Rollins v. Carter
37 Va. Cir. 421 (Stafford County Circuit Court, 1995)
Ferguson v. Brockwell
39 Va. Cir. 68 (Richmond County Circuit Court, 1995)
Marr v. Arthur
36 Va. Cir. 527 (Richmond County Circuit Court, 1995)
Spearman v. Simms
36 Va. Cir. 144 (Richmond County Circuit Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
5 S.E.2d 478, 174 Va. 196, 1939 Va. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glass-v-david-pender-grocery-co-va-1939.