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BROWN v. RICHARD H. WACHOLZ, INC.

No. 72-1209.

467 F.2d 18 (1972)

T. Dean BROWN, Plaintiff-Appellant, v. RICHARD H. WACHOLZ, INC., d/b/a Silver King Motor Inn, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 8, 1972.

Attorney(s) appearing for the Case

John H. McElhaney, Dallas, Tex. (of counsel, Turner, Rodgers, Winn, Scurlock & Sailers, Dallas, Tex., John H. Williamson, Denver, Colo., and Eugene L. Smith, Lubbock, Tex., on the brief), for plaintiff-appellant.

Stephen E. Connor, of Wood, Ris & Hames, Denver, Colo., for defendant-appellee.

Before BREITENSTEIN, SETH and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this diversity action for personal injuries the plaintiff-appellant recovered a verdict in the amount of $1,705.00, which was the exact dollar amount of his out of pocket expenses for hospital and medical. He seeks a reversal, contending that the trial court erred in refusing to grant a new trial because of the inadequacy of the award.

The injury was the result of plaintiff-appellant's slip and fall on the sidewalk in front...

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