Brown v. Trinidad

111 A.3d 765, 2015 Pa. Super. 46, 2015 Pa. Super. LEXIS 102
CourtSuperior Court of Pennsylvania
DecidedMarch 9, 2015
StatusPublished
Cited by27 cases

This text of 111 A.3d 765 (Brown v. Trinidad) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Trinidad, 111 A.3d 765, 2015 Pa. Super. 46, 2015 Pa. Super. LEXIS 102 (Pa. Ct. App. 2015).

Opinions

OPINION BY LAZARUS, J.:

Reynaldo Trinidad appeals from the judgment entered against him in the Court of Common Pleas of Philadelphia County after a jury found he negligently operated a motor vehicle, causing Andrew Brown to sustain serious impairment of a bodily function. After careful review, we affirm.

The trial court summarized the relevant facts as follows:

This negligence action arises from a motor vehicle accident that occurred on November 3, 2011, at the intersection of Harbison and Torresdale Avenues in Philadelphia, PA. Brown was driving on Harbison Avenue going [northbound. As [Brown] proceeded into the intersection of Harbison and Torresdale, the color of the traffic signal was yellow. Trinidad was driving his vehicle in the [s]outhbound direction of Harbison Avenue. [Trinidad] was in the left turn only lane and he began making a left turn onto Torresdale when he turned in front of [Brown]. [Trinidad’s] vehicle struck the front of [Brown’s] vehicle. At the time of the accident, [Brown] was bound by the limited tort provisions of the Motor Vehicle Financial Responsibility Law.
At trial, [Brown] presented the testimony of Brenda Washington, a crossing guard who was an eyewitness to this motor vehicle accident. [Brown] testified during his September 24, 2012 deposition that a crossing guard witnessed the accident. That crossing guard was later identified as Ms. Washington. She was not identified as a trial witness during discovery but she was identified on the Amended Settlement Conference/Pretrial Conference Memorandum filed by [Brown] on February 7, 2013. Ms. Washington was deposed prior to trial and [t]his [c]ourt permitted her to testify on June 3, 2013. Ms. Washington testified that she saw [Trinidad] get in the left lane on Harbison Avenue and attempt to make a left turn onto Torres-dale Avenue when [Brown’s] vehicle approached and the accident occurred.
During trial, [Brown] also presented testimony of his medical expert, Dr. Geoffrey Temple, who opined that [Brown] sustained an L5-S1 disc herniation as a result of the motor vehicle accident of November 3, 2011/ Dr. Temple testified that [Brown] suffered a serious and significant injury which will have permanent effects on his life and may require more intensive treatment in the future, including injection therapy and surgery. [Brown] testified regarding the pain, symptoms, and resulting limitations he experiences as a result of the injuries he sustained in the motor vehicle accident of November 3, 2011. [Brown] treated with Dr. Holdgrafer, a chiropractor at Freedom Accident and Injury Center, from November 21, 2011 to March 20, 2012. [Trinidad] offered the testimony of his medical expert, Dr. Andrew Shaer. Dr. Shaer opined that the disc herniation at L5-S1 predated the accident and was a result of degenerative disc disease. Prior to trial, the [c]ourt precluded testimony from Dr. Shaer on the issue of Dr. Shaer performing film review work for [Brown’s] counsel on other cases in the past.
The trial commenced on June 3, 2013 and concluded on June 4, 2013 when the [j]ury returned a verdict in favor of [769]*769[Brown], and against ... Trinidad. The [j]ury found that [Trinidad] was negligent and his negligence was a factual cause in bringing about [Brown’s] harm. The [j]ury also found that [Brown] was not comparatively negligent and they proceeded to Question 6 on the verdict sheet that requested the [j]ury to find whether [Brown] sustained a serious impairment of bodily function, The [j]ury concluded that [Brown] did sustain a serious impairment of bodily function and awarded him damages in the amount of ... $85,000.

Trial Court Opinion, 5/9/14, at 2-3.

On December 27, 2013, the court added delay damages, for a total award of $85,287.10, and on December 30, 2013, it denied Trinidad’s motion for a new trial.

This timely appeal followed, in which Trinidad raises the following issues for our review:

1. Whether ... Trinidad is entitled to judgment notwithstanding the verdict (“JNOV”) or, in the alternative, a new trial because the jury’s award was against the weight of the evidence, specifically because [Brown’s] damages did not breach the limited tort threshold?
2. Whether [Trinidad] is entitled to a new trial because the [t]rial [c]ourt erred in precluding testimony from Dr. Shaer, the defense medical expert concerning film review work performed by Dr. Shaer on behalf of [Brown’s] counsel? ■
3. Whether [Trinidad] is entitled to a new trial because the [t]rial [c]ourt erred in precluding the cross-examination of Dr. Temple, [Brown’s] medical expert who had done a records review only, stating that [Brown’s] treating provider was a chiropractor and he could only give an opinion to a reasonable degree of medical certainty?
4.Whether [Trinidad] is entitled to a new trial because the [t]rial [c]ourt erred in allowing the testimony of Brenda Washington after her identity was not revealed to [Trinidad] until four months after the discovery deadline and less than a month before trial?

Appellant’s Brief, at 4.

We begin by reviewing Trinidad’s claim that the trial court erred by not entering judgment n.o.v. because the verdict was contrary to law and against the weight of the evidence.

Our standards of review for considering motions for JNOV and claims implicating the weight of the evidence are well-settled.
A JNOV can be entered upon two bases: (1) where the movant is entitled to judgment as a matter of law; and/or, (2) the evidence was such that no two reasonable minds could disagree that the verdict should have been rendered for the movant. When reviewing a trial court’s denial of a motion for JNOV, we must consider all of the evidence admitted to decide if there was sufficient competent evidence to sustain the verdict. In so doing, we must also view this evidence in the light most favorable to the verdict winner, giving the victorious party the benefit of every '.reasonable inference arising from the evidence and rejecting all unfavorable testimony and inference. Concerning any questions of law, our scope of review is plenary. Concerning questions of credibility and weight accorded the evidence at trial, we will not substitute our judgment for that of the finder of fact. If any basis exists upon which the court could have properly made its award, then we must affirm the trial court’s denial of the motion for [770]*770JNOV. A JNOV should be entered only-in a clear case.
Joseph v. Scranton Times, L.P., 89 A.3d 251, 260 (Pa.Super.2014) (citation omitted).
Appellate review of a weight claim is a review of the trial court’s exercise of discretion, not of the underlying question of whether the verdict is against the weight of the evidence. Because the trial judge has had the opportunity to hear and see the evidence presented, an appellate court will give the gravest consideration to the findings and reasons advanced by the trial judge when reviewing a trial court’s determination that the verdict is against the weight of the evidence.

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Cite This Page — Counsel Stack

Bluebook (online)
111 A.3d 765, 2015 Pa. Super. 46, 2015 Pa. Super. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-trinidad-pasuperct-2015.