Joseph Lorensen v. Sinclair Refining Company

271 F.2d 528, 1959 U.S. App. LEXIS 3151

• Court: Court of Appeals for the Second Circuit
• Decided: November 4, 1959
• Docket: 22, Docket 25507
• Status: Published

Opinion

PER CURIAM.

On this appeal in an action under the Jones Act, the evidence of record was adequate to show an injury to plaintiff’s foot from slipping on oil on a ladder in the engine room of defendant’s tanker while at sea; it also showed suffering from burns incurred in the medical treatment had as a consequence of the injury. While the resulting verdict was substantia] in its allowance for pain and suffering, the trial court did not find it excessive and there is no ground for us to interfere. The judge did not err in admitting in evidence the hospital records containing a history of treatment and including a statement from the plaintiff as to how the injury occurred, Terrasi v. South Atlantic Lines, 2 Cir., 226 F.2d 823, certiorari denied 350 U.S. 988, 76 S.Ct. 475, 100 L.Ed. 855; Tucker v. Loew’s Theatre & Realty Corp., 2 Cir., 149 F.2d 677; moreover, the statement appears to be quite colorless against the facts otherwise proven. The evidence, including the hospital records, also shows outpatient treatment supporting the award of maintenance. Moyle v. National Petroleum Transport Corp., 2 Cir., 150 F.2d 840.

Affirmed.