FRANK J. BLISARD, ADMINISTRATOR OF THE ESTATE OF JAMES M. HOFFNER, JR., DECEASED
v.
JACOB VARGO, APPELLANT
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The appellate court affirmed the jury's verdict, finding no abuse of discretion by the trial judge in upholding the award.
An administrator sued for the wrongful death of an eight-year-old boy hit by the defendant's car. The jury awarded $50,000 under the survival statute,…
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PER CURIAM.
The defendant in this case has against it verdict and judgment for $50,000 under the survival .statute of Pennsylvania, 20 P.S. § 320.601 et seq. The plaintiff is administrator of the estate of an eight and one-half year old boy who was instantly killed when run over by the defendant’s automobile. Defendant’s negligence is not now in issue; his appeal is based upon the size of the jury’s verdict.
There was evidence before the jury that the boy was both bright and steady. There was evidence of a good and increasing income earned by his father, plus a future opportunity for the boy in a family business.
The amount awarded is liberal. The trial judge, on whom rests the primary responsibility in such a case, stated that “the verdict was supported by the evidence and was within the limits in which the jury might properly exercise its fact-finding function.” [185 F.Supp. 75].
Our authority in such a case is a very limited one. We find no abuse of discretion by the trial judge. The judgment will be affirmed.