Palmer v. Lapp

572 A.2d 12, 392 Pa. Super. 21, 1990 Pa. Super. LEXIS 653
CourtSupreme Court of Pennsylvania
DecidedMarch 22, 1990
Docket1804
StatusPublished
Cited by14 cases

This text of 572 A.2d 12 (Palmer v. Lapp) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Lapp, 572 A.2d 12, 392 Pa. Super. 21, 1990 Pa. Super. LEXIS 653 (Pa. 1990).

Opinions

BROSKY, Judge.

Appellants Abner S. Lapp and Rebecca S. Lapp, t/d/b/a Abner Lapp’s Coach Shop, appeal from the judgment of the trial court1 following a $10,077.00 damages award in plaintiff-appellee Carl H. Palmer and Margaret E. Palmer’s favor. This case was originally tried before an arbitration [24]*24panel. Appellees were awarded $9,100.00; appellants appealed to the Court of Common Pleas of Lancaster County and appellees’ award was increased to $10,077.00 at a bench trial.

Appellants aver that the trial court erred when it permitted appellees’ expert to testify regarding the value of two antique carriages. We reverse.

Appellees owned two antique horse:drawn carriages — a surrey and a hearse. Webster’s Ninth New Collegiate Dictionary defines an antique as “1. a relic or object of ancient times or of an earlier period than the present. 2. a work of art, piece of furniture or decorative object made at an earlier period and according to various customs laws at least one-hundred years ago.” There is no requirement that functional objects other than furniture, as the surrey and hearse, be of substantial value, rare or at least one-hundred years old to be considered antiques according to either definition. The rare, ornate hearse contained elaborate wood carvings and was manufactured around 1887 by the James Cunningham Carriage Company of Rochester, New York. N.T., 6/24/88, at 8, 16, 36, 71. Each Cunningham hearse was inscribed with a serial number and was different from any other one manufactured by the company. Id. at 16. The Cunningham Company specialized in the manufacture of carriages and hearses. The Encyclopedia of Collectibles, Time-Life Books. If a serial number is stamped on the seat under the cushion of a Cunningham carriage, the identity of the original purchaser, price paid and date of purchase can be ascertained through company records. Id. Appellees painted the undercarriages of the vehicles themselves and stripped and primed the upper portions in preparation for professional paint work by appellants. N.T., 6/24/88, at 12. The carriage was an Extension Top Phaeton, but we were not provided with the identity of its manufacturer or date of manufacture. Virtually all of the carriages and horse-drawn hearses that survive in the United States date from 1800 to approximately 1910, when the automobile made its appearance. The Encyclopedia of [25]*25Collectibles, supra. All horse-drawn carriages were made almost entirely of wood; metal was only used in axles, tires, bolts, etc. Id. Appellees took photographs of the carriages before they were delivered to appellants, and a contract was entered into whereby appellants were to paint the surrey and the hearse. They were destroyed in a fire at appellants’ place of business which is located in Intercourse, Pennsylvania, an area containing numerous Amish residents. Appellants admit liability. The issues on appeal only concern the amount of damages.

Appellants claim that Joyce Cusano, appellees’ expert witness regarding the value of the destroyed surrey and hearse, was unqualified to testify as an expert relative to either item.

Mrs. Cusano was employed at the time of trial by Vintage Auto Appraisal Services of Schenectady, New York. N.T., 6/24/88, at 21. She worked with her employer, Paul Podvesa, who is an appraiser of all types of motorized vehicles and is the owner of the agency. The agency also appraises antique automobiles as well as farm equipment. Id. at 24, 28. Mrs. Cusano was classified as his assistant and an appraiser. She was previously employed in the insurance business as a clerical supervisor for sixteen years and also worked in the casualty claims area. Id. at 21. She had been employed for four years prior to and at the time of trial as an appraiser of motor vehicles (cars and light trucks), and had a New York State appraiser’s license. Id. at 22.

After the fire, appellees presented Vintage Auto with pre-fire photographs of the surrey and the hearse. Neither Mrs. Cusano nor Mr. Podvesa, her employer, ever saw the hearse or surrey but obtained a signed, notorized statement from appellees which contained a description of the carriages before the fire. Id. at 33. Appellees requested an appraisal of the value of each.

Mrs. Cusano and her employer, Mr. Podvesa, mailed thirty form-letter inquiries regarding the value of the hearse to museums, carriage associations, restorers and [26]*26collectors in the United States and Canada. Id. at 25, 34. She helped Mr. Podvesa compile the eight to ten responses, many of which contained appraisals of the hearse; Cusano and Podvesa then averaged the wide range of price quotes received. Id. at 25, 34, 39-40. The responses, from persons with knowledge of and familiarity with antique carriages (the term is used generically to include hearses), were based on sales of similar Cunningham hearses or were simply an appraisal of appellees’ hearse. Cusano also testified that she did research at local museums and libraries on the value of the hearse, but she did not elaborate on the extent or depth of her research or what knowledge was gleaned from her efforts. Id. at 22, 25, 26. She testified that she researched the value of the hearse in the same manner that she would have researched the value of a rare antique automobile, but she did not amplify on what the research of the latter would entail. Id. at 28-29. Mrs. Cusano and Mr. Podvesa worked jointly on the appraisal of the hearse, but he exercised ultimate authority over the content of the appraisal; Cusano also typed the appraisal. Mrs. Cusano’s only work on and familiarity with the appraisal of the surrey was typing her employer’s appraisal of it. Id. At trial, Mrs. Cusano appraised the hearse at $10,000.00 and the surrey at $4,198.45.

Appellants’ expert, Paul Martin, Jr., was an experienced auctioneer who specialized in the auction of antiques, including horse-drawn carriages and hearses. Id. at 58. He sold three to four hundred carriages and a few hearses, some of them Cunninghams, per year in Pennsylvania and throughout the United States.' Id. at 65. Martin also appraises five to twenty carriages per year and has given expert testimony in the past regarding the appraisal of carriages. Id. at 63. He placed the value of the hearse at $4,000.00 and the surrey at $2,500.00. Martin based his appraisals on photographs of appellees’ vehicles and his inherent familiarity with the sale prices of comparable horse-drawn vehicles.

[27]*27Although Martin’s qualifications as an expert are not an issue in this case we believe that he possesses such qualifications.

The trial court found in appellees’ favor in the amount of $10,077.00 which appears to be a compromise figure since there is no indication as to the value the trial court allocated to each item nor the manner in which he arrived at the total value.

Our search of the caselaw from Pennsylvania and other jurisdictions regarding the appraisal of the value of antiques reveals that the cases only address whether an appraiser’s estimate, in each particular case, was reasonable. The cases do not address the qualifications an appraiser should have in order for him or her to competently undertake the appraisal of the value of an antique. The cases do not enlighten us either as to commonly accepted practices in the appraisal of the value of antiques of any kind.

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Palmer v. Lapp
572 A.2d 12 (Supreme Court of Pennsylvania, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
572 A.2d 12, 392 Pa. Super. 21, 1990 Pa. Super. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-lapp-pa-1990.