Hixson v. Barlow

723 A.2d 716, 1999 Pa. Super. 10, 1999 Pa. Super. LEXIS 8
CourtSuperior Court of Pennsylvania
DecidedJanuary 14, 1999
StatusPublished
Cited by8 cases

This text of 723 A.2d 716 (Hixson v. Barlow) 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
Hixson v. Barlow, 723 A.2d 716, 1999 Pa. Super. 10, 1999 Pa. Super. LEXIS 8 (Pa. Ct. App. 1999).

Opinions

JOYCE, J.:

¶ 1 Appellant, Jessica Barlow, ■ appeals from the order of the trial court which granted Appellees’ motion for a new trial. For the reasons set forth below, we vacate and re[717]*717mand in part and affirm in part. The relevant facts and procedural history of this case as set forth by the trial court are as follows:

Plaintiff-husband and defendant were involved in a motor vehicle accident on February 7, 1994. At trial, defendant admitted she was negligent in causing the collision. Therefore, the only issue for the jury’s determination was the amount, if any, of damages plaintiffs sustained as a result of the accident. On October 23, 1997, the jury returned a verdict for the defense. Specifically, the jury answered in the negative the special interrogatory as to whether defendant’s negligence was a substantial factor in causing plaintiffs’ harm.
Consequently, plaintiffs filed post-trial motions contending, inter alia, that the jury’s verdict was contrary to the weight of the evidence. After oral argument, this Court by Order of January 26, 1998, awarded a new trial on the issue of damages only. From that Order, defendant has taken the instant appeal.

Trial Court Opinion, 3/17/98, at 1-2.

¶2 Appellant raises the following issues for our review: (1) whether the trial court abused its discretion in awarding Appellees a new trial; and (2) whether Appellees waived their right to object to the jury’s verdict having failed to object to the trial court’s instructions on legal causation, substantial factor and the special interrogatories.

¶3 Appellant contends the trial court erred in awarding a new trial where the jury’s verdict was supported by the weight of the evidence. It is well settled that the grant of a new trial is a matter within the discretion of the tidal court. Kiser v. Schulte, 538 Pa. 219, 225, 648 A.2d 1, 3 (1994). We must review a denial of a motion for a new trial in the same manner as a decision to grant a new trial. Thompson v. City of Philadelphia, 507 Pa. 592, 599, 493 A.2d 669, 673 (1985). Because an appellate court, by its nature, stands on a different plane than a trial court, we are not empowered to merely substitute our opinion concerning the weight of the evidence for that of the trial judge. Id., 507 Pa. at 599, 493 A.2d at 672-673. Instead, the focus of appellate review is on whether the trial judge has palpably abused his discretion, as opposed to whether the appellate court can find support in the record for the jury’s verdict. Id., 507 Pa. at 599, 493 A.2d at 673.

¶ 4 A new trial should be awarded where the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice. Id., 507 Pa. at 598, 493 A.2d at 672. However, a new trial should not be granted because of a mere conflict in testimony or because the trial judge on the same facts would have arrived at a different conclusion. Id. We shall evaluate the decision of the trial court and appellant’s arguments with these considerations in mind.

¶ 5 At trial, the determination of whether Appellant was a substantial factor in bringing about Appellee’s injuries was disputed. Appellant admitted her negligence. Furthermore, it was undisputed that Appellant sustained injuries as a result of the accident. The expert testimony of Dr. Wilkins, D.C., Dr. Mitchell, M.D. and Dr. Senter, M.D., on behalf of both Appellant and Appellees, differed only to the extent and severity of Appellant’s injuries. Although each expert discussed Appellant’s pre-existing condition, they unanimously concluded that the accident did cause separate and distinct injuries unrelated to the prior condition.

¶ 6 The jury, however, found that Appellant was not a substantial factor in causing Appellee’s injuries. In reversing, the trial court found this conclusion was contrary to the evidence. We agree.

¶7 In Craft v. Hetherly, 700 A.2d 520, 523 (Pa.Super.1997), where each of the experts concurred that injuries resulted from the accident, a panel of this Court stated:

Herein, the jury determined that Mr. Oswald was negligent when he turned his vehicle into the on-coming lane of traffic. Further, both parties agree that Mr. Oswald pulled his vehicle into Ms. Craft’s lane and stopped when she was only forty to fifty feet away. Also, it is undisputed that appellee was travelling approximately 35 miles per hour when she first saw ap[718]*718pellant pull in front of her, and there is no evidence to suggest that she was travelling in excess of the posted speed limit at the time. Finally, both parties’ medical experts agreed that appellee was injured as a result of the accident, and they disagreed only to the severity and duration of her injuries.
Within that factual context, we find that the trial court did not abuse its discretion when it found that the jury’s conclusion that Mr. Oswald’s negligence was not a substantial factor in causing the accident shocked its sense of justice. Given her speed of 35 miles per hour and the distance between the vehicles when Mr. Oswald pulled into the oncoming lane of traffic, appellee had little more than one second to bring her vehicle to a stop or swerve to avoid the impact. Clearly, a preponderance of the evidence indicates Mr. Oswald’s negligence was a substantial factor in causing the accident and, consequently, appellee’s injuries. We find the lower court did not err in concluding that the verdict was against the weight of the evidence.

Id. We thus cannot assign error to the trial court’s finding that the jury’s verdict was against the weight of the evidence in light of Appellant’s admission to negligence and the expert testimony regarding the objective injuries sustained.

¶ 8 Appellant argues that the decision in Craft should not apply based on Appellee’s pre-existing condition. However, this Court has awarded a new trial where the experts concur that certain particular injuries were the result of the accident. See Hawley v. Donahoo, 416 Pa.Super. 469, 611 A.2d 311 (Pa.Super.1992) (finding that despite pre-ex-isting problems, appellant was entitled to compensation for injuries sustained as a result of the accident). Therefore, Appellant’s claim lacks merit.

¶ 9 Our inquiry, however, does not end upon finding that a new trial is necessary. We must address the issue of whether the new trial should be limited solely to the issue of damages as determined by the trial court.

A new trial limited to the issue of damages will be granted where: (1) the issue of damages is not “intertwined” with the issue of liability; and (2) where the issue of liability has been “fairly determined” or is “free from doubt.”

Kiser v. Schulte, 538 Pa. 219, 232, 648 A.2d 1, 8 (1994). Neither of these requirements has been met in the case at bar.

¶ 10 The crux of Appellant’s argument is that even though Appellant was negligent, the injuries sustained were not related to the accident.

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Hixson v. Barlow
723 A.2d 716 (Superior Court of Pennsylvania, 1999)

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Bluebook (online)
723 A.2d 716, 1999 Pa. Super. 10, 1999 Pa. Super. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hixson-v-barlow-pasuperct-1999.