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WEINER v. WHITE MOTOR COMPANY

223 Pa.Super. 212 (1972)

Weiner v. White Motor Company, Appellant.

Superior Court of Pennsylvania.

November 28, 1972.

Attorney(s) appearing for the Case

William J. McKinley, Jr., with him Swartz, Campbell & Detweiler, for appellant.

James E. Beasley, with him Jeffrey M. Stopford, and Beasley, Hewson, Casey, Kraft & Colleran, for appellee.

Victor L. Drexel, for additional defendant.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION PER CURIAM, November 28, 1972:

Judgment affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I join in Judge PACKEL'S dissenting opinion to the extent that he finds the jury's specific award of $35,000 for pain and suffering excessive under the circumstances of this case. I do not, however, feel that we should usurp the jury's function by arbitrarily setting the amount of such damages.

I would affirm the judgment of the court below with respect...

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