Nigra v. Walsh

797 A.2d 353, 2002 Pa. Super. 113, 2002 Pa. Super. LEXIS 715
CourtSuperior Court of Pennsylvania
DecidedApril 17, 2002
StatusPublished
Cited by25 cases

This text of 797 A.2d 353 (Nigra v. Walsh) 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
Nigra v. Walsh, 797 A.2d 353, 2002 Pa. Super. 113, 2002 Pa. Super. LEXIS 715 (Pa. Ct. App. 2002).

Opinions

JOYCE, J.

¶ 1 Appellant, Robert Nigra,1 appeals from the August 1, 20012 judgment entered by the Court of Common Pleas of Montgomery County in favor of Appellee, Joseph P. Walsh, Jr. Upon review, we reverse and remand for a new trial consistent with this memorandum.

¶ 2 The factual and procedural background of this case are as follows: Appellant commenced this personal injury action as result of a March 5, 1994 motor vehicle accident which occurred when the vehicle driven by Appellee collided with the vehicle in which Appellant was a passenger. That vehicle was being operated by Appellant’s wife, Kathleen Nigra. While Appellant claimed to have suffered injuries, in the nature of disc herniations, as a result of this collision, Kathleen Nigra made no such claim. Appellant also claimed that as a result of the injuries suffered from the accident, he was forced to close down his gas station. At the trial held on January 25, 2001, Appellee admitted his negligence in this matter but argued that his negligence was not the proximate cause of Appellant’s injuries. The jury returned a verdict in favor of Appellee, finding that his negligence was not the proximate cause of Appellant’s injuries.

¶3 Appellant filed a post-trial motion seeking a new trial. The motion was denied by the trial court on May 3, 2001. The instant appeal followed.

¶ 4 The questions presented for our review are as follows:

I. Whether the trial court erred in denying Appellant’s motion for a new trial because the trial judge permitted the jury to hear evidence that the Appellant’s [sic] were receiving social security disability benefits.

II. Whether the trial court erred in excluding cross-examination on the issue of bias.

Brief for Appellant, at 4 (initial capitalization omitted).

¶ 5 Before addressing these issues, we set forth our well-settled standard of review. “We are aware of our deferential standard when reviewing a trial court’s decision to grant or deny a new trial: the power to grant or deny a new trial lies inherently with the trial court, and we will not reverse its decision absent a clear abuse of discretion or error of law which controlled the outcome of the case.” Tudor Ins. Co. v. Township of Stowe, 697 A.2d 1010, 1012 (Pa.Super.1997) (citation omitted). The trial court abuses its discretion when it misapplies the law or when it reaches a manifestly unreasonable, biased or prejudiced result. Chanthavong v. Tran, 452 Pa.Super. 378, 682 A.2d 334, 338 (1996) (citations omitted).

¶ 6 First, Appellant argues that the trial court erred in permitting Appellee to present evidence that Appellant was [356]*356receiving social security disability benefits. This, according to Appellant, violates the collateral source rule. We agree.

Generally, “[t]he collateral source rule provides that payments from a collateral source shall not dimmish the damages otherwise recoverable from the wrongdoer.” Johnson v. Beane, 541 Pa. 449, 664 A.2d 96, 100 (1995). This rule “was intended to avoid precluding a claimant from obtaining redress for his or her injury merely because coverage for the injury was provided by some collateral source, e.g. insurance.” Beechwoods Flying Service, Inc. v. Al Hamilton Contracting Corp., 504 Pa. 618, 476 A.2d 850, 352 (1984); see also, id. at 353 (the rule is “intended to prevent a wrongdoer from taking advantage of the fortuitous existence of a collateral remedy”); Denardo v. Carneval, 297 Pa.Super. 484, 444 A.2d 135, 140 (1982) (“Pennsylvania law is clear; the victim of a tort is entitled to the damages caused by the tortfeasor’s negligence regardless of compensation the victim receives from other sources”), citing, inter alia, Boudwin v. Yellow Cab Co., 410 Pa. 31, 188 A.2d 259 (1963).

Griesser v. National R.R. Passenger Corp., 761 A.2d 606, 609 (Pa.Super.2000).

¶7 Further, “[w]hen improperly admitted testimony may have affected a verdict, the only correct remedy is the grant of a new trial.” Id. at 608 (citing Collins v. Cooper, 746 A.2d 615, 620 (Pa.Super.2000)). In the case at bar, our examination of the record shows that Appellee’s counsel cross-examined Appellant regarding the fact that Appellant applied for social security disability benefits. The questions were phrased in such a way as to suggest that Appellant was indeed receiving social security benefits. The following is the text of the questions regarding social security benefits elicited by counsel on cross-examination:

“Q [By Defense counsel]: Okay, You’re still on Social Security; are you not?
Mr. Nester [Appellant’s counsel]: Objection, Your Honor.
Q[By Defense counsel]: Or do you have heart problems?
A[By Appellant]: No I don’t have heart problems.
Q: You take medication; do you not?
A: That little bit is insignificant.
Q: If you don’t take it will you have a problem?
A: I don’t think so.
Q: Okay.
A: The doctor might think so but I don’t.
The Court: What kind of heart medication do you take?
A[By Appellant]: Lepressor and an aspirin.
[sidebar discussion]
Q[By Defense Counsel]: In front of you, you have some records, some of which you filled out, and the purpose for which I gave them to you is so you could follow me on certain questions. If you don’t remember what you said, you can refer to those.
Did you make an application to the government claiming that you were disabled, beginning in January, 1998, for badness in your back and heart disease[?]
Mr. Nester [Appellant’s counsel]: Kindly note my objection.
The Court: Overruled.
A[By Appellant]: Yeah.
Q: You did? And did you tell them the type of medications you were on?
[357]*357A: I probably did.
Q: Okay. And were some of those medications heart medications?
A: At that time, yes.
Q: And did you tell them that you had a heart catherization, was sent to Albert Einstein, and was removed from Cardiac Intensive Care to Albert Einstein?
A: Yes.
Q: Did you write a letter to them dated ... April 4,1998?
A: Yeah, I sent this letter in.

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Nigra v. Walsh
797 A.2d 353 (Superior Court of Pennsylvania, 2002)

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Bluebook (online)
797 A.2d 353, 2002 Pa. Super. 113, 2002 Pa. Super. LEXIS 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nigra-v-walsh-pasuperct-2002.