Lupkin v. Sternick

636 A.2d 661, 431 Pa. Super. 300, 1994 Pa. Super. LEXIS 16
CourtSuperior Court of Pennsylvania
DecidedJanuary 24, 1994
Docket1615
StatusPublished
Cited by6 cases

This text of 636 A.2d 661 (Lupkin v. Sternick) 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
Lupkin v. Sternick, 636 A.2d 661, 431 Pa. Super. 300, 1994 Pa. Super. LEXIS 16 (Pa. Ct. App. 1994).

Opinions

ROWLEY, President Judge:

Gerald J. Sternick appeals from the order of the trial court granting appellee Deborah Lee Lupkin’s motion for a new trial. In this appeal, he challenges the propriety of that decision. After a thorough review of the record and the applicable case law, we affirm the order.

Appellant and appellee were involved in a motor vehicle accident on June 22, 1989 when appellant’s vehicle struck the rear end of appellee’s vehicle. On November 16, 1990, appellee filed a civil complaint against appellant seeking damages for injuries she sustained in the accident. At the outset of trial, appellant conceded the issue of liability, and the trial focused solely on the issue of damages. The jury returned a verdict for zero damages. The trial court granted appellee’s subsequent motion for a new trial, and appellant fled this timely appeal.

Appellant sets forth various reasons why the trial court erred in granting appellee’s motion for a new trial. In considering those arguments, we apply the following standard of review:

[303]*303It is a fundamental and longstanding precept that the decision to order a new trial is one that lies within the discretion of the trial court. E.g. Spang & Co. v. United States Steel Corp., 519 Pa. 14, 24, 545 A.2d 861, 865 (1988); Colosimo v. Pennsylvania Electric Co., 513 Pa. 155, 163, 518 A.2d 1206, 1210 (1986); Smyth v. Philadelphia & West Chester Traction Co., 263 Pa. 511, 516, 107 A. 20, 21 (1919). This means that the trial court has considerable latitude within which to act, but there are also very specific limits to what it can do.
The term ‘discretion’ imports the exercise of judgement, wisdom and skill so as to reach a dispassionate conclusion, and discretionary power can only exist within the framework of the law, and is not exercised for the purpose of giving effect to the will of the judge. Discretion must be exercised on the foundation of reason, as opposed to prejudice, personal motivations, caprice or arbitrary actions. Discretion is abused when the course pursued represents not merely an error of judgement, but where the judgement is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill will.
P.L.E. New Trial § 2. One way of summing up all the qualities described in this definition of a valid exercise of discretionary power is to say that the decision had merit. Conversely, if the reason for performing a discretionary act had no merit, then the trial court abused its discretion. Thus, when viewed in terms of the degree of scrutiny that should be applied, an inquiry into an abuse of discretion is operationally equivalent as one into the merit of the trial court’s decision.

Coker v. S.M. Flickinger Co., Inc., 533 Pa. 441, 447-48, 625 A.2d 1181, 1184-85 (1993). If the trial court indicates that the reasons it gives for granting a new trial are the only basis for that decision, this Court can only examine those reasons. Id. at 448-19, 625 A.2d at 1185. In that situation, “circumstances may still demand a review of the entire record. However, the purpose for doing so is not to locate a valid reason for [304]*304affirming the order. The inquiry is strictly directed at determining whether the trial court’s stated reasons and factual basis can be supported.” Id. at 452, 625 A.2d at 1187. This Court cannot substitute its judgment for that of the trial court. Botek v. Mine Safety Alliance Corp., 531 Pa. 160, 166, 611 A.2d 1174, 1176-77 (1992).

In the present case, the trial court stated its reasoning as follows: “Defendant offered no evidence that plaintiff did not suffer any injuries or that she did not suffer a wage loss. Thus, without evidence contradictory to the existence or to the initial cause of plaintiffs injuries, the jury was not free to reject plaintiffs claim.” Trial Court Order (McCloskey, P.J.) at 2.

In support of his assertion that the trial court erred, appellant first contends that the jury was free to disregard appellee’s complaints of pain because there was no objective medical proof to support those complaints. Initially, we note that, contrary to appellant’s assertion that there was no objective proof of pain other than appellee’s own complaints, Dr. James Barrett testified that during his examination of appellee’s neck he felt trigger points, or lumps of painful muscle tissue. He testified that if he feels a trigger point when examining a patient, he knows that the area should be painful, even if the patient does not tell him that he or she feels pain. Dr. Barrett also testified that he felt muscle spasms in appellee’s lower back. Additionally, Dr. Barrett testified that soft tissue injuries often do not show up on X-rays and other tests.

Moreover, not only did appellee herself present evidence of her injuries and resulting expenses, but appellant’s own expert medical witness, Dr. Stephen F. Latman, M.D., also testified to the existence of appellee’s injuries. He testified that after examining appellee and reviewing records and the results of tests he performed, he concluded that she suffered a soft tissue injury which normally takes from six weeks to three months to heal. He also testified, however, that he himself [305]*305examined many patients who had soft tissue injury which resulted in chronic pain syndrome.1

Furthermore, Dr. Latman testified that as of the date on which he examined appellee, June 17, 1991, he would recommend that she perform only light or sedentary work. Specifically, he testified, “[Sedentary work is] not strenuous work. I recommended that she would have the opportunity to sit or stand according to her symptoms and that she not be required to lift more than ten pounds.” Deposition Transcript of Dr. Stephen F. Latman, M.D., 11/18/91, at 51.

The circumstances of the present case are similar to those in another case considered by a panel of this Court. In Hawley v. Donahoo, 416 Pa.Super. 469, 611 A.2d 311 (1992), the plaintiff was involved in an automobile accident with the defendant, and the defendant conceded liability and conceded that the plaintiff suffered a compression fracture of the L-3 vertebra. The jury, however, awarded zero damages. The plaintiff appealed, and this Court reversed.

The Court recognized that where pain is subjective and has no identifiable medical source, the jury must believe that the pain in fact exists before the plaintiff will be compensated. However, the Court discussed why that rule did not apply in Hawley:

While the jurors are the sole judges of credibility, and appellant’s inconsistent and perhaps exaggerated testimony could have been perceived as an indication of appellant’s interests of opportunity beyond pain which could dilute their belief in the existence of the occasion itself, the jury is not free to ignore an obvious injury. As our Supreme Court stated in Thompson v. Iannuzzi, 403 Pa.

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Lupkin v. Sternick
636 A.2d 661 (Superior Court of Pennsylvania, 1994)

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Bluebook (online)
636 A.2d 661, 431 Pa. Super. 300, 1994 Pa. Super. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lupkin-v-sternick-pasuperct-1994.