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KELLY v. BORWEGEN

95 N.J. Super. 240 (1967)

230 A.2d 532

MARION J. KELLY AND ROBERT J. KELLY, HER HUSBAND, AND MARION J. BALDESWEILER, PLAINTIFFS-RESPONDENTS, AND ROBERTA J. DILLON, ET AL., PLAINTIFFS, v. R.C. BORWEGEN, DEFENDANT, AND PETER J. HOWARTH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1967.

Attorney(s) appearing for the Case

Mr. Arthur W. Burgess argued the cause for respondents (Messrs. Toolan, Haney & Romond, attorneys).

Mr. Henry H. Rubenson argued the cause for appellant (Messrs. Burton, Quackenbos, Axelrod & Rubenson, attorneys).

Before Judges GAULKIN, LEWIS and LABRECQUE.

The opinion of the court was delivered by GAULKIN, S.J.A.D.

In this automobile accident case the jury returned a verdict against defendant Howarth of $10,000 in favor of plaintiff Marion J. Kelly and of $1,500 in favor of her husband per quod. Howarth appeals.

Howarth does not dispute the finding of liability. However, he argues that there was no competent and proper basis for the verdict because Mrs. Kelly produced no medical testimony, and the pains...

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