Carpinet v. Mitchell

853 A.2d 366, 2004 Pa. Super. 197, 2004 Pa. Super. LEXIS 1304
CourtSuperior Court of Pennsylvania
DecidedMay 27, 2004
StatusPublished
Cited by25 cases

This text of 853 A.2d 366 (Carpinet v. Mitchell) 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
Carpinet v. Mitchell, 853 A.2d 366, 2004 Pa. Super. 197, 2004 Pa. Super. LEXIS 1304 (Pa. Ct. App. 2004).

Opinions

CAVANAUGH, J.:

¶ 1 This matter arises out of an automobile accident in which appellee, Robert Carpinet, sustained a whiplash injury to his neck when his vehicle, a full size Ford F-150 pick-up truck was rear-ended by a compact Geo Tracker sports utility vehicle driven by appellant, Darlene Mitchell. Carpinet and his wife filed suit, seeking damages for his personal injuries and her loss of consortium. The jury returned a verdict in favor of the Carpinets, awarding them an aggregate total of $650,000 in damages. Delay damages of $132,159.24 were added thereto by stipulation of the parties. Ms. Mitchell appeals from the judgment entered1 and claims, among many other things, that the trial court erroneously charged the jury on damages and abused its discretion in permitting the use of a prejudicial jury verdict interroga[369]*369tory. After careful review, we agree that the verdict interrogatory and the court’s charge on damages upon which the interrogatory was based, improperly permitted the jury to consider a number of categorized misfortunes, such as “loss of the pleasures and enjoyments of life” and the “loss of feeling of well-being,” as separate, compensable items of damages apart from the damages available for pain and suffering. We conclude that these items of loss are more properly seen as subdivisions of pain and suffering and do not set forth separate categories of damages recognized by law which may be tabulated in addition to damages awarded for pain and suffering. Accordingly, we vacate the award of damages and award a new trial limited to damages.

¶ 2 The relevant facts, as gleaned from the record, show that the accident occurred on July 1, 1996, on a straight, dry, level portion of River Road, in Plains Township, Luzerne County. The weather was sunny and clear. Mitchell’s vehicle was traveling approximately one to one- and-a-half vehicle lengths behind Carpi-net’s vehicle, which was traveling approximately twenty-five feet behind a white Dodge minivan, which was behind a large, green, older vehicle. All four vehicles were traveling in the same direction, apparently at a speed of between 35 and 45 miles per hour. When the lead car (the old green vehicle) turned right off River Road, the minivan ahead of Carpinet suddenly braked to a full stop. Carpinet successfully braked to a full stop approximately three, or four feet behind the minivan. Mitchell was unable to stop, however. Her foot slipped off the brake pedal and depressed the accelerator before she was able • to re-engage braking. Her vehicle ran into the back of Carpinet’s vehicle.

¶ 3 Upon impact, Carpinet’s head snapped forward and back. He refused medical treatment at the scene but the next day, he saw John Querci, D.O., complaining of headaches, neck pain, and back pain. Dr. Querci treated him sixteen times over the next two months for whiplash. The treatments were unsuccessful in reducing his pain. He underwent an MRI and was diagnosed with, a herniated disc in his neck. The pain escalated and upon Querci’s recommendation, Carpinet contacted David Sedor, M.D., who recommended surgery. Carpinet initially scheduled surgery for June of 1998, but canceled it and did not see a doctor for his neck pain for approximately one year thereafter. The pain increased to an intolerable level during that time. He contacted Querci again in April of 1999 and had surgery in September of 1999. The surgery alleviated his symptoms, leaving him with only minor pain.

¶ 4 Post-trial motions seeking a new trial were denied and appellant now raises fifteen claims of error on appeal:2

I. Whether the trial court abused its discretion or committed an error of law in denying defendant’s Motion for Post-trial Relief where it failed [370]*370to charge the jury on the defense of sudden emergency?
II. Whether the trial court abused its discretion or committed an error of law by failing to properly instruct the jury on the assured clear distance ahead rule?
III. Whether the trial court abused its discretion or committed an error of law by refusing to instruct the jury that the sudden emergency defense is not required to be set forth in an Answer?
IV. Whether the trial court abused its discretion of [sic] committed an error of law by refusing to charge the jury that Robert Carpinet was contributorily negligent?
V. Whether the trial court abused its discretion or committed an error of law by refusing to charge the jury that they could find that the automobile accident was unavoidable?
VI. Whether the trial court abused its discretion or committed an error of law in denying defendant’s Motion for a Mistrial after plaintiffs’ counsel improperly questioned defendant regarding her prior employment in the insurance business?
VII. Whether the trial court abused its discretion or committed an error of law by permitting Dr. David Sedor to testify from an attorney-prepared summary of proposed testimony of a physician which did not correspond to information set forth in the physician’s medical records/medical reports?
VIII. Whether the trial court abused its discretion or committed an error of law by denying Defendant’s Motion in Limine seeking to preclude the testimony of Dr. David Sedor with respect to the effect of cross-examination, the credibility of the Plaintiff and the credibility of himself?
IX. Whether the trial court abused its discretion or committed an error of law by permitting Dr. David Sedor to testify with respect to insurance reasons for Robert Carpinet’s referral to him by another physician?
X. Whether the trial court abused its discretion or committed an error of law by permitting Dr. John Querci to testify that the findings of Dr. John Presper, Defendant’s physician, were totally ridiculous.
XI. Whether the trial court abused its discretion or committed an error of law by charging the jury on aggravation of a pre-existing medical condition where it was never pleaded in the Complaint and where there was [sic] conflicting medical opinions presented by Plaintiffs two (2) physicians.
XII. Whether the trial court abused its discretion or committed an error of law by instructing the jury to make a separate award for loss of pleasures and enjoyments of life?
XIII. Whether the trial court abused its discretion or committed an error of law by permitting the jury to make an award for emotional distress and anxiety without instructing the jury on this subject, which in any event, is not a separate item of damage?
XIV. Whether the trial court abused its discretion or committed an error, of law by permitting the jury to return a verdict for loss of feeling of well-being even though the court failed to instruct the jury on that subject and which, in any event, is not a separate item of damage anyhow?
[371]*371XV. Whether the . jury verdict of $650,000.00 was plainly excessive and exorbitant and clearly beyond what the evidence warranted and should be subject to a remitter, [sic] reduced or set aside?

¶ 5 This court will not reverse a trial court’s decision regarding the grant or refusal of a new trial absent an abuse of discretion or an error of law. Pulliam v. Fannie,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Freeman
128 A.3d 1231 (Superior Court of Pennsylvania, 2015)
Drew v. Work
95 A.3d 324 (Superior Court of Pennsylvania, 2014)
Gillingham v. Consol Energy, Inc.
51 A.3d 841 (Superior Court of Pennsylvania, 2012)
Bingham v. Poswistilo
24 Pa. D. & C.5th 17 (Lackawanna County Court of Common Pleas, 2011)
McConnell v. Dunfee
18 Pa. D. & C.5th 91 (Philadelphia County Court of Common Pleas, 2010)
Gormley v. Edgar
995 A.2d 1197 (Superior Court of Pennsylvania, 2010)
Estate of Hicks v. Dana Companies, LLC
984 A.2d 943 (Superior Court of Pennsylvania, 2009)
Pringle v. Rapaport
980 A.2d 159 (Superior Court of Pennsylvania, 2009)
Hyrcza v. West Penn Allegheny Health System, Inc.
978 A.2d 961 (Superior Court of Pennsylvania, 2009)
Dolan v. Fissell
973 A.2d 1009 (Superior Court of Pennsylvania, 2009)
Betz v. Erie Insurance Exchange
957 A.2d 1244 (Superior Court of Pennsylvania, 2008)
Gorman v. Costello
929 A.2d 1208 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Matroni
923 A.2d 444 (Superior Court of Pennsylvania, 2007)
Conway v. DELAWARE AND HUDSON RY. CO., INC.
909 A.2d 6 (Superior Court of Pennsylvania, 2006)
McManamon v. Washko
906 A.2d 1259 (Superior Court of Pennsylvania, 2006)
Daddona v. Thind
891 A.2d 786 (Commonwealth Court of Pennsylvania, 2006)
Signora v. Liberty Travel, Inc.
886 A.2d 284 (Superior Court of Pennsylvania, 2005)
Angelo v. Diamontoni
871 A.2d 1276 (Superior Court of Pennsylvania, 2005)
American Future System, Inc. v. Better Business Bureau of Eastern Pennsylvania
872 A.2d 1202 (Superior Court of Pennsylvania, 2005)
Carpinet v. Mitchell
853 A.2d 366 (Superior Court of Pennsylvania, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
853 A.2d 366, 2004 Pa. Super. 197, 2004 Pa. Super. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpinet-v-mitchell-pasuperct-2004.