Copper Plumbing, Inc. v. MacIoce

310 A.2d 411, 225 Pa. Super. 236, 1973 Pa. Super. LEXIS 1513

• Court: Superior Court of Pennsylvania
• Decided: September 19, 1973
• Docket: Appeal, 438
• Status: Published

Opinions

Opinion by

Hoffman, J.,

In this appeal from an order refusing to grant a new trial, appellant contends that the trial judge erred in limiting the cross-examination of appellee’s witness.

The appellant was a general contractor for the construction of three “Winky’s Restaurants” in Allegheny County: in Swissvale, Pleasant Hills, and Castle Shannon. The appellee corporation was a plumbing sub-contractor which sued for work performed at the three restaurants.

The appellee’s complaint in assumpsit was in two counts: the first for the “inside” plumbing work and the second for the “outside” plumbing work. Appellant’s answer admitted an oral contract for the inside work, but did not admit an express contract for the outside work. Instead, the answer alleged that the invoices prepared by appellee did not reflect the prices agreed upon for the outside work, and that much of the work, both inside and outside, was either not performed at all or not done according to specifications. Prior to trial, the appellee amended his complaint to exclude any claim for amounts due for outside work at the Swiss-vale restaurant.

The error complained of relates to the trial judge’s refusal to allow appellant’s counsel to cross-examine appellee’s president with respect to the preparation of invoices for outside work at the Swissvale restaurant. The trial judge sustained the appellee’s objection to such examination because the Swissvale contract was not in issue.

The scope and extent of cross-examination traditionally rests within the sound discretion of the trial judge. “ [Considerable latitude must be left to the trial judge, and his action will not be reversed in the absence of an abuse of discretion, or unless an obvious disadvantage resulted therefrom to the other party.” Woodland v. Philadelphia Transport Co., 428 Pa. 379, 386, 238 A. 2d 593, 596 (1968). A review of the record in the instant case discloses no such abuse of discretion and no particular injury or disadvantage to the appellant.

The evidence showed that the appellee’s president prepared the invoices for the various contracts on the basis of information provided by employees who either supervised or actually performed the work. Appellant’s counsel fully and extensively cross-examined the appel-lee’s representatives concerning every itemized charge contained in the invoices and each element of work claimed to have been completed. With respect to the preparation of the invoices in issue, there was a full development of the manner in which each itemized charge was included in the final invoices and the method by which the prices were calculated. Thus, the factual issues were fully and extensively developed for the jury’s consideration.

Under these circumstances, we cannot say that the trial judge abused his discretion by not allowing cross-examination on a matter not actually in issue at trial. Nor can we find any apparent injury or disadvantage to appellant as a result of the trial judge’s restriction that would justify the granting of a new trial.

Order affirmed.