Haq v. Novak

83 Pa. D. & C.4th 79
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedDecember 8, 2006
Docketno. 06881
StatusPublished
Cited by1 cases

This text of 83 Pa. D. & C.4th 79 (Haq v. Novak) 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
Haq v. Novak, 83 Pa. D. & C.4th 79 (Pa. Super. Ct. 2006).

Opinion

BERNSTEIN, J,

FACTUAL BACKGROUND

On May 5, 2002, plaintiffs Mohammad Haq and Arjumand Haq, were injured in a car accident with defendant, Tony Novak. Mohammad Haq was driving his van with his wife, Arjumand Haq, in the front passenger seat. The plaintiffs had just driven through the toll booth on the Walt Whitman Bridge, heading from Pennsylvania to New Jersey, when they were forced to stop due to traffic. The portion of the bridge is located closer to Philadelphia than New Jersey. While at a complete stop, plaintiffs’ vehicle was hit in the rear by a vehicle owned and operated by the defendant. As a result of the collision, Mr. Haq sustained cervical disc protrusions which plaintiffs’ expert, Dr. Martin Kessler testified are “per[81]*81manent in nature.” These injuries required Mr. Haq to have physical therapy and injections. Plaintiffs’ expert, Dr. Peter Corda, testified that Mrs. Haq suffered herniated discs with an annular tear requiring physical therapy, epidural steroid injections and a percutaneous discectomy via nucleoplasty. Dr. Corda further testified that these injuries are permanent.

In February 2005, plaintiffs’ counsel received, by mail, a copy of the interrogatories that they had sent to defense counsel for the defendant to answer. These inteiTogatories contained the defendant’s handwritten answers to each question along with a signed and dated verification by the defendant. Subsequently, plaintiffs’ counsel was sent a second set of interrogatory answers by defense counsel that was typewritten and also contained a verification. Some of the defendant’s answers to the typewritten interrogatory were different from those contained on the handwritten interrogatory. At trial, the defendant testified that the bumper of his car never made contact with the bumper of the plaintiffs’ vehicle, consistent with the answers he provided on the typewritten interrogatory, but different from the answers on the handwritten interrogatories.1 During cross-examination the defendant was asked if his answers to the handwritten interrogatory were true and he replied yes.2 The court also questioned the plaintiff as to the truthfulness of his handwritten answers and he confirmed, once again, that his answers were true.3 Plaintiffs’ counsel used the defendant’s an[82]*82swer in the handwritten interrogatory that his bumper had come into contact with the plaintiffs’ bumper.

PROCEDURAL HISTORY

Plaintiffs originally filed suit in the Superior Court of New Jersey on March 10, 2004. That suit was voluntarily dismissed by the plaintiffs when they filed a complaint in Philadelphia on April 27, 2004. On February 25, 2005, the defendant filed preliminary objections to the plaintiffs’ complaint arguing that the plaintiffs had failed to properly serve the defendant with the complaint and that Philadelphia County did not have jurisdiction over the matter. The plaintiffs filed an amended complaint on March 17, 2005, in response to the defendant’s preliminary objections. The defendant’s motion to determine preliminary objections was withdrawn as moot on March 28, 2005. On April 5, 2005, the defendant filed preliminary objections to the plaintiffs’ amended complaint, again alleging improper service and lack of jurisdiction. The plaintiffs’ response was filed on April 25, 2005 and on June 9, 2005, the defendant’s preliminary objections which had been filed on April 5, 2005 were denied.

On June 16,2005, the plaintiffs filed a second amended complaint that alleged further negligence on the part of the defendant. The defendant filed an answer to the second amended complaint on June 27, 2005 and filed new matter alleging that plaintiffs’ claim should: (1) be barred or subject to reduction by Pennsylvania’s Comparative Negligence Act, the New Jersey No Fault Act, the New Jersey Automobile Reparation Act, the New Jersey Comparative Negligence Act and the New Jersey Collateral Source Statute and (2) that the defendant asserts all the defenses available under the Pennsylvania [83]*83Motor Vehicle Financial Responsibility Law and the New Jersey Motor Vehicle Code. The plaintiffs filed a reply on August 8, 2005.

Before trial began, plaintiffs’ counsel and defense counsel submitted proposed jury instructions and verdict sheets. The defendant failed to include any requests concerning limited tort in either his jury instructions or verdict sheet. The court submitted to the jury defendant’s requested verdict sheet by agreement of counsel. Defendant was given two separate opportunities to object to his own proposed verdict sheet and he failed to do so.

Trial began on December 9, 2005. During the trial, two plaintiffs’ experts testified as to the permanency of the injuries to the plaintiffs. Dr. Peter Corda, who treated plaintiff Arjumand Haq, testified that Ms. Haq suffered permanent injury as a result of the accident. Similarly, Dr. Martin Kessler, who treated plaintiff Mohammad Haq, testified that his injuries were “permanent in nature.”

The jury reached a verdict on December 13, 2005, finding for plaintiff Arjumand Haq in the amount of $175,000 and for plaintiff Mohammad Haq in the amount of $7,500. Defendant filed a motion for post-trial relief in the form of a judgment n.o.v. or a new trial on December 30, 2005, objecting to: (1) the court’s denial of the defendant’s motion to dismiss the plaintiffs’ complaint for failure to properly serve; (2) the court’s refusal to charge the jury on the plaintiffs’ tort option election; (3) the court charging the jury on the life expectancy of the plaintiffs; and (4) and the court’s ruling that the defendant’s handwritten interrogatory was not subject to the attorney-client privilege. On January 3,2006, the plaintiffs responded to the defendant’s motion for post-trial [84]*84relief and on August 1,2006, the motion was denied. On August 18, 2006, judgment was entered in favor of the plaintiff on the verdict.

The issues raised on appeal are as follows: (1) whether this court erred in denying the defendant’s motion to dismiss for lack of jurisdiction; (2) whether this court erred in refusing to charge the jury on the plaintiffs’ tort option; (3) whether this court erred in ruling that the defendant’s handwritten interrogatory was not protected by the attorney-client privilege; (4) whether this court erred in giving instructions on the plaintiffs’ life expectancies; (5) whether the jury verdict was against the weight of the evidence; and (6) whether the jury verdict was disproportionately excessive.

DISCUSSION

1. Lack of Jurisdiction

Pennsylvania had proper jurisdiction to decide this controversy.4 Pa.R.C.P. 1006(a)(1) states that “an action against an individual may be brought in and only in a county in which ... the individual may be served or in which the cause of action arose ....” The statute found at 36 Pa.C.S. §3401 et seq. confirms that Pennsylvania [85]*85and New Jersey entered an agreement for joint ownership, jurisdiction and control over the bridges between Pennsylvania and New Jersey, including the Walt Whitman Bridge where the accident occurred. Pennsylvania and New Jersey courts both “enjoy and exercise a concurrent jurisdiction” over bridges operating between the two states.5 The jurisdiction of the City of Philadelphia in fact extends all the way to where the bridge ends at the New Jersey shoreline.6

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Bluebook (online)
83 Pa. D. & C.4th 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haq-v-novak-pactcomplphilad-2006.