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Botta v. Brunner

138 A.2d 713, 26 N.J. 82 (1958)

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Botta v. Brunner

New Jersey Supreme Court
138 A.2d 713, 26 N.J. 82 (1958)

Facts

Nancy Botta (plaintiff) was injured in a car accident caused by Herman G. Brunner (defendant) and Leo Frieband (defendant). Botta sued Brunner and Frieband for negligence, seeking among other things damages for pain and suffering. During closing arguments, Botta’s attorney asked the jury to place themselves in Botta’s position in considering how much pain-and-suffering damages to award her. Botta’s attorney further asked whether 50 cents per hour would be sufficient to compensate her for her pain and suffering. The trial court upheld an objection to both arguments. The jury awarded Botta $5,500 in damages, and Botta appealed, arguing that the trial court erred in refusing to allow her attorney’s closing arguments.

Rule of Law

Issue

Holding and Reasoning (Francis, J.)

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