Monschein v. Phifer

771 A.2d 18, 2001 Pa. Super. 80, 2001 Pa. Super. LEXIS 268, 2001 WL 238430
CourtSuperior Court of Pennsylvania
DecidedMarch 12, 2001
DocketNos. 467 WDA 2000 and 497 WDA 2000
StatusPublished
Cited by6 cases

This text of 771 A.2d 18 (Monschein v. Phifer) 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
Monschein v. Phifer, 771 A.2d 18, 2001 Pa. Super. 80, 2001 Pa. Super. LEXIS 268, 2001 WL 238430 (Pa. Ct. App. 2001).

Opinion

DEL SOLE, J.:

¶ 1 This action was initiated by Clair Monschein (“Mr.Monschein”) and Judith Monschein, (“Mrs.Monschein”) his wife, as a result of an automobile accident involving Mr. Monschein and Charles Phifer (“Phifer”). Phifer filed an appeal at 467 WDA 2000. The Monscheins filed a cross-appeal at 497 WDA 2000.

¶ 2 Mr. Monschein was a self-employed master electrician. His wife assisted him in his business, working as a secretary and bookkeeper and was paid for her services. Mr. Monschein was involved in an automobile accident with Phifer in November of 1997. As a result of the accident, Mr. Monschein sustained an injury. Due to the injury, he was unable to perform certain physical aspects of his job. Mr. Mon-sehein asserts that due to this injury and inability to perform aspects of his job, his business suffered financially. Because of these financial problems, Mr. Monschein did not pay his wife her usual wages for the years 1998 and 1999. The Monscheins filed suit against Phifer in order to recover damages for injuries Mr. Monschein suffered.

¶ 8 The matter proceeded to a jury trial in November 1999. In an attempt to establish damages, the Monscheins presented lay testimony on liability as well as the testimony of Dr. Kruszewski and Dr. Lupo, regarding Mr. Monschein’s injury. The Monscheins also sought to introduce the expert testimony of Jay K. Jarrell on the issues of loss of earnings and earning capacity of Mr. Monschein. The trial court did not permit Mr. Jarrell to testify as to his original analysis of loss of income to Mr. Monschein’s business, which analysis included the factoring in of back wages not paid to Mrs. Monschein for 1998 and 1999, in the amount of $204,005.06. Instead, Mr. Jarrell was permitted to present testimony only on a calculation of loss of income that did not factor in wage expenses owed Mrs. Monschein, in the amount of $87,785.06.

¶4 At the close of the case, the trial court directed the jury to find Phifer negligent as a matter of law. The jury awarded the Monscheins $30,000 for loss of earnings and earning capacity, but awarded them $0.00 for past and future physical pain, mental suffering, embarrassment, humiliation, and loss of enjoyment of life. The jury awarded $0.00 for the loss of consortium claim filed by Mrs. Monschein.

¶ 5 The Monscheins filed a motion for post-trial relief. The trial court granted the Monscheins’ request for a new trial on the issue of damages, but denied the remainder of the relief requested in the post-trial motion. Phifer filed a timely appeal. Subsequently, the Monscheins filed a timely cross-appeal. Both parties were or[20]*20dered to file Pa.R.A.P.1925(b) statements and both parties complied.

¶ 6 On appeal, Phifer presents the following issues for our review:

1. Whether the Trial Judge abused his authority in granting the Plaintiff a new trial based on a finding that a $30,000 verdict for the Plaintiff, $30,000.00 lost earnings, zero pain and suffering, zero consortium, shocked the conscience of the Court when the records showed the automobile accident forming the basis of the Plaintiffs claim was an extremely minor impact collision.
2. Whether the Trial Judge erred when he ordered a new trial and limiting the new trial to the issue of damages only.

Phifer’s Brief at 3.

¶ 7 In their cross-appeal, the Mon-scheins present the following issues:

1. Whether the lower court erred in denying Plaintiffs motion for post-trial relief requesting a new trial on the issue of past and future loss of earnings and earning capacity by striking Plaintiffs economic expert’s testimony which included wage expense owed to Plaintiffs wife.
2. Whether the lower court erred in denying Plaintiffs motion for post-trial relief requesting a new trial as the jury’s verdict was inconsistent, insufficient and against the weight of the evidence actually presented by Plaintiffs economic expert of a loss without including wage expenses owed to Plaintiffs wife.

Monscheins’ Brief at 4.

¶ 8 We will first address Phifer’s appeal. Phifer first contends that the trial judge erred in granting a new trial. It is Phi-fer’s contention that “... the verdict was hardly insufficient, let alone so offensive as to justify a new trial.” Phifer’s Brief at 7.

¶ 9 It is well settled that the grant of a new trial is a matter within the discretion of the trial court. Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1, 3 (1994). A trial court may only grant a new trial when the jury’s verdict is so contrary to the evidence that it “shocks one’s sense of justice.” Neison v. Hines, 539 Pa. 516, 653 A.2d 634, 636 (1995). In reviewing an order to grant a new trial, the standard of review is limited to whether the trial court abused its discretion. Kiser, 648 A.2d at 4. Absent a clear abuse of discretion by the trial court, appellate courts must not interfere with the trial court’s authority to grant or deny a new trial. Harman v. Borah, 562 Pa. 455, 756 A.2d 1116, 1122 (2000).

¶ 10 The trial court granted the Monscheins’ motion for a new trial as to damages only. In support of this determination, the trial court reasoned that the damages awarded in the verdict were so contrary to the evidence as to shock the court’s sense of justice. The jury awarded Mr. Monschein $30,000.00 for lost earnings. The trial court, in its opinion, explained that this portion of damages was “... not so inconsistent with the weight of the evidence that it shocks the conscience of the court.” Trial Court Opinion, 2/2/00, at 4. Rather, the court stated that it was the jury’s failure to award a sum for pain and suffering and other general damages after accepting that Mr. Monschein incurred a pain-related disability that was problematic. The trial court stated:

The entire theory of recovery advanced by Mr. Monschein was that as a result of his accident he incurred an injury which caused him great pain and that because of the pain he could not carry out the responsibilities of his job as an electrician and electrical contractor. It was the pain associated with the injury to his neck and the exacerbation [21]*21of the underlying condition that restricted his movement. The jury obviously accepted the fact that he incurred a disabling injury as a result of his pain and awarded him an amount for lost earnings. The jury’s failure to award any sum for pain and suffering and other general damages is plainly inconsistent with its decision concerning lost earnings. While the jury was entirely free, based on the record before it, to believe that the extent of Mr. Mon-schein’s disability was less that what he advocated, the question remains as to whether having accepted the notion that he incurred a pain-related disability, it was free to deny him damages for his pain and suffering.

Trial Court Opinion, 2/2/00, at 4.

¶ 11 The court went on to explain further that:

... the Estate [Phifer] did not present any evidence indicating an alternative theory of causation and no serious challenge to liability. It only raised questions as to the extent and lasting effects of Mr. Monschein’s injury. Moreover, the jury’s award of an amount for lost earnings implicitly acknowledged that Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
771 A.2d 18, 2001 Pa. Super. 80, 2001 Pa. Super. LEXIS 268, 2001 WL 238430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monschein-v-phifer-pasuperct-2001.