Howard v. American Paper Stock Co.

OPINION ON MOTION FOR REHEARING

MASSEY, Chief Justice.

Drawn to our attention on Motion for Rehearing was that by inadvertence we had overlooked the fact that by the jury verdict, under pleadings by way of limitation of the amount found, there were hospital and medical bills totaling $4,072.06 which should have been a part of the judgment for plaintiff. Thus plaintiff’s entitlement thereto, as in the nature of liquidated damages, would date from the time the jury returned its verdict, as held by us relative to the amount of $105,000.00.

Obvious therefore is that our judgment should have been for $109,072.06 as plaintiff’s damages, with interest thereon of 6% per annum from July 24, 1974. By amendment to and as supplement to our opinion in the case it is accordingly our holding.

Our judgment rendered pursuant to the opinion of April 25, 1975, is therefore amended and reformed in that instead of for $105,000.00 judgment is rendered that plaintiff recover damages of and from defendant in the sum of $109,072.06, with interest thereon of six per cent per annum from July 24, 1974.