Mansour v. Linganna

51 Pa. D. & C.4th 449, 2001 Pa. Dist. & Cnty. Dec. LEXIS 303
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedMay 4, 2001
Docketno. 11007 of 1996, C.A.
StatusPublished

This text of 51 Pa. D. & C.4th 449 (Mansour v. Linganna) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mansour v. Linganna, 51 Pa. D. & C.4th 449, 2001 Pa. Dist. & Cnty. Dec. LEXIS 303 (Pa. Super. Ct. 2001).

Opinion

PRATT, P.J.,

The plaintiffs’ negligence cause of action for personal injuries, after an automobile collision, was tried before a jury, which found defendant liable to plaintiffs and awarded damages in the amount of $70,000. Defendant timely filed a motion for post-trial relief, requesting a new trial based on several assignments of error. On December 8, 2000, the court entered an order denying defendant’s motion, from which defendant filed his notice of appeal and statement of matters complained of on appeal. This opinion is rendered in satisfaction of Pa.R.A.P. 1925(a).

Before addressing each objection of defendant in his motion for post-trial relief, the court recalls the general rule regarding granting a new trial, i.e., a new trial should be granted only when the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail. Craft v. Hetherly, 700 A.2d 520 (Pa. Super. 1997). The trial court may also award a new trial upon concluding that a factual or legal mistake was made at the trial level and that, on consideration of the particular circumstances of the case, the mistake formed “sufficient basis” to order a new trial. Riccio v. American Republic Insurance Co., 550 Pa. 254, 262, 705 A.2d 422, 425 (1997). The court will now consider each contention set forth in defendant’s request for a new trial.

I.

Defendant initially claims it was error for the court, during jury selection, to allow the potential jurors in this case to be asked the following voir dire question:

[451]*451“How many of you have heard of the ‘McDonald’s Verdict’ and feel it was ridiculous or that something was wrong with the court system or that we need to do something to prevent verdicts like that in the future?” Notes of Testimony March 6, 2000, p. 75.

Defendant timely objected to this question, claiming that it tainted the jury with a bias toward plaintiffs; was prejudicial to defendant; and that the McDonald’s case is contrary to Pennsylvania law, because it was not decided in Pennsylvania. Allowing this voir dire question, according to defendant, is reversible error, because it permitted the jury to equate the defendant in the instant matter to the wealthy defendant in the McDonald’s case and led the jury to consider the defendant’s wealth in the instant case in arriving at its verdict. Defendant also argues that the question improperly requested the potential jurors to express their opinion concerning a hypothetical set of facts that existed in the McDonald’s case. The court disagrees.

The trial court is given broad discretion in determining the scope, manner and procedure of the voir dire examination. Starr v. Allegheny General Hospital, 305 Pa. Super. 215, 220, 451 A.2d 499, 501 (1982). The purpose of voir dire is to ensure the empaneling of a competent, fair, impartial and unprejudicial jury. Id. “The preferred practice during voir dire examination is to permit general inquiries regarding the direct or indirect interest of the jurors in the parties to, and the result of, the litigation.” Bohner v. Stine, 316 Pa. Super. 426, 435, 463 A.2d 438, 448 (1983).

The court finds no indication, in this case, that the voir dire question regarding the McDonald’s case caused [452]*452any prejudice toward defendant or tainted the minds of the potential jurors in a way that would cause them to equate the wealth of the defendant in his case to the wealth of the defendant in the McDonald’s case. Furthermore, the court does not find that the subject voir dire question caused the jurors to express their opinion concerning a hypothetical set of facts that existed in the McDonald’s case. The court finds that the question was merely a general inquiry to see if the prospective jurors had any direct or indirect interests in the outcome of the lawsuit.

n.

Defendant also objected to a statement made by plaintiffs’ counsel during closing arguments in which the McDonald’s case was again mentioned. During closing arguments, plaintiffs’ counsel, stated, at least twice, that “this is not a frivolous lawsuit.” N.T., March 10, 2000, pp. 132 and 149. On one occasion, counsel for plaintiffs stated:

“One of the questions I asked all of you was this. When I came into this courtroom, I said the question was asked about — I think it was — I don’t know if I misstated it. I apologize to all of you. I think one of the questions was about the McDonald’s case and how people felt about it with the hot coffee spill and everything else. This is not a frivolous lawsuit. This is not a frivolous accident. . . .” N.T., March 10, 2000, pp. 148-49.

Defendant contends that these statements, in closing argument, tainted the jury with a bias toward plaintiffs and were prejudicial to defendant. Defendant argues that these statements suggested to the jury that their verdict [453]*453should be in a significant amount, reasoning that, because the McDonald’s case was a multi-million dollar award, many people considered it to be a frivolous lawsuit; therefore, if the jury believes the instant case is not frivolous, they could assume that their verdict should be larger than that given in the McDonald’s case.

The presentation of closing arguments and the decision to declare a mistrial based on objections thereto is within the discretion of the trial court, “whose vantage point enables it to evaluate the climate of the courtroom and the effect on the jury of closing arguments.” Clark v. Philadelphia College of Osteopathic Medicine, 693 A.2d 202, 206 (Pa. Super. 1997). “Furthermore, a new trial is not required where the remarks made by counsel were neither inflammatory nor prejudicial.” Alexander v. Carlisle Corp., 449 Pa. Super. 416, 422, 674 A.2d 268, 271 (1996).

In this case, the court finds that plaintiffs’ counsel’s statements in closing arguments did not taint the jury’s view nor did they prejudice the defendant. Notwithstanding, the meaning and purpose of plaintiffs’ counsel’s closing statements regarding the McDonald’s case were perplexing and difficult to grasp. Defendant’s interpretation of the statement is tenuous, at best. The court cannot conclude that the jury would reasonably be led to believe, based on the above quoted closing statements by plaintiffs’ counsel, that the verdict in this case should be larger than the multi-million dollar verdict in the McDonald’s case. As plaintiffs’ counsel’s closing argument was neither inflammatory nor prejudicial, a new trial is not warranted on this basis.

[454]*454in.

Defendant next claims it was error for the court to permit plaintiffs to recall their expert medical witness, Dr.

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Bluebook (online)
51 Pa. D. & C.4th 449, 2001 Pa. Dist. & Cnty. Dec. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansour-v-linganna-pactcompllawren-2001.