Hannon v. Temple Univ. of the Commonwealth System of Higher Education

22 Pa. D. & C.5th 283
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedFebruary 11, 2011
DocketNo. 03376
StatusPublished

This text of 22 Pa. D. & C.5th 283 (Hannon v. Temple Univ. of the Commonwealth System of Higher Education) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hannon v. Temple Univ. of the Commonwealth System of Higher Education, 22 Pa. D. & C.5th 283 (Pa. Super. Ct. 2011).

Opinion

SNITE JR., J.,

PROCEDURAL HISTORY

On September 24, 2006, Daniel Hannon went to the Temple School of Dentistry as part of his job as copy machine repairman. As Mr. Hannon left the building, he fell on the steps outside of the school and injured his neck.

On August 26, 2008, David Brian Rodden, Esquire, of the law firm Rodden & Rodden filed a complaint on behalf of Mr. Hannon and his wife, Michelle Hannon, (plaintiffs) against Temple University, Temple University Hospital, Inc., and Temple University School of Dentistry (defendants/appellants).

On September 8, 2008, Michael E. McGilvery, Esquire, of the law firm Young and McGilvery entered his appearance on behalf of defendants. Brett J. Engelkraut, Esquire, an associate at Young and McGilvery, was also assigned to this case.

In December of 2009, discovery was completed in accordance with the case management conference order set forth on December 9, 2008.

[286]*286On February 16, 2010, a pre-trial conference was conducted in front of the Honorable Howland Abramson and this case was scheduled for jury selection on April 23, 2010 and for trial on April 26, 2010.

On April 19, 2010, Mr. McGilvery, by faxed letter, informed Judge Abramson that he began a trial in front of Judge DiNubile on this day and that he did not expect this trial to conclude until April 27, 2010. He requested to postpone trial in the instant case until April 28, 2010. Judge Abramson denied Mr. McGilvery’s request for a continuance.1

On April 20,2010, Mr. McGilvery informed this court, by faxed letter, of the scheduling conflict mentioned above and again requested that this case be postponed until April 28, 2010.1 was unavailable to rule on this matter on April 20, 2010 due to a previously scheduled vacation. I was informed of this request by my staff and I relayed to the parties that I would rule on this matter on Monday, April 26, 2010, the scheduled trial date. I also informed the parties that jury selection would go forward as planned on Friday, April 23, 2010.2

On April 26,2010, George W. Young, Esquire from the law firm of Young and McGilvery, appeared in court on behalf of Mr. McGilvery. Mr. Engelkraut was also present. On this day, Mr. Young withdrew Mr. McGilvery’s request for a continuance and trial commenced with Mr. Young as lead counsel for the defendants.

[287]*287On April 29, 2010, the jury returned a verdict for plaintiffs in the amount of $1,687,000.00.

On May 6, 2010, defendants filed post-trial motions. Plaintiffs filed a response on May 13, 2010.

On June 23,2010, an order was issued granting plaintiffs delay damages in the amount of $41, 552.87.

The parties submitted briefs on the post-trial motions and I heard oral argument on the motions on October 26, 2010. By order dated November 3, 2010, I denied defendants’ amended motion for post-trial relief.

On November 22,2010, defendants (appellants) timely filed their notice of appeal.

On December 15, 2010, appellants were served with an order to file their statement of matters complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925 (b).

On January 3, 2011, appellants timely filed their statement of matters complained of on appeal. Appellants are being represented on appeal by Neil C. Schur, Esquire, of the law firm Stevens & Lee.

ISSUES ON APPEAL

Appellant frames the issues on appeal as follows:

a. The court abused its discretion by denying defendants’ April 19, 2010, April 20, 2010 and April 26, 2010 requests for a two-day continuance of trial due to the unavailability of defendants’ designated trial counsel, Michael E. McGilveiy, Esquire, who was trying another case in this court, denying defendants [288]*288their right to select trial counsel and resulting in a fundamentally unfair trial and verdict.
b. The court abused its discretion by permitting plaintiffs’ engineering expert, John Posusney, to offer testimony which was beyond the scope, of his expert report.
c. The court abused its discretion by permitting plaintiffs’ engineering expert, John Posusney, to testify to inadmissible hearsay regarding various standards and/or guidelines involving expansion joints and handrails.
d. The court abused its discretion by permitting plaintiffs’ engineering expert to utilize demonstrative exhibits which were not produced to opposing counsel prior to trial.
e. The court abused its discretion by permitting plaintiffs’ life-care planner to testify to information and/ or statements elicited by her partner from plaintiff.
f. The court abused its discretion by precluding defendants’ architectural expert from testifying to the cause of plaintiff Daniel Hannon’s fall.
g. The court abused its discretion by limiting the testimony of defendants’ architectural expert.
h. The court abused its discretion by permitting the jury to review a portion of plaintiffs’ life-care planner’s expert report and demonstrative exhibits during deliberation.
i. The court abused its discretion by denying [289]*289defendants’ Motion for Non Suit.

FACTUAL HISTORY

Viewing the evidence in the light most favorable to plaintiffs, as the verdict winners, the following facts were proven at trial:

On Thursday, September 14, 2006, Daniel Hannon went to Temple Dental School as part his job as a copy repairman for Corrigan Manning. (N.T. 4/27/10, p. 65-70) As he was leaving Temple, at approximately 1:30 p.m., Mr. Hannon fell on the stairs outside of the school. (N.T. 4/27/10, p. 65-72) As Mr. Hannon was preparing to descend the steps, his foot caught in an expansion joint and he tripped. (N.T. 4/27/10, p. 73-74) Mr. Hannon attempted to grasp the handrail, but he could not grip it and he fell down the stairs. (N.T. 4/27/10, p. 73)

Once Mr. Hannon landed at the bottom of the steps, he gathered some tools which had come out of his bag during the fall. (N.T. 4/27/10, p. 76) He looked up to see what had caused him to trip and he noticed the expansion joint. (N.T. 4/27/10, p. 76) He also examined the railing, but he could not see any reason why he had been unable to grip the railing in order to stop his fall. (N.T. 4/27/10, p. 76) Mr. Hannon was very shaken and embarrassed after his fall, and once he regained his composure, he immediately went to his van. (N.T. 4/27/10, p. 76)

After Mr. Hannon reached his van, he called his dispatcher and let her know that he fell, that he was starting to feel pain, and that he was not going to continue to work that day. (N.T. 4/27/10, p. 78)

Mr. Hannon next called his wife and told her that he [290]*290fallen at work and that he was going to end his work day early and return home. (N.T. 4/27/10, p. 79)

Mr. Hannon did not go into work the following day as scheduled, and because his neck pain was increasing, and because he was starting to feel pain in his arm, Mr. Hannon went to Frankford-Torresdale Hospital that following Monday. (N.T. 4/27/10, p. 79-80) Mr.

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Bluebook (online)
22 Pa. D. & C.5th 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannon-v-temple-univ-of-the-commonwealth-system-of-higher-education-pactcomplphilad-2011.