Quigg v. Brown

28 Pa. D. & C.4th 104
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJanuary 5, 1996
Docketno. 167
StatusPublished

This text of 28 Pa. D. & C.4th 104 (Quigg v. Brown) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quigg v. Brown, 28 Pa. D. & C.4th 104 (Pa. Super. Ct. 1996).

Opinion

BERNSTEIN, J,

On March 29, 1986, Dennis Quigg died when the motorcycle he was driving collided with a car driven by Eleanor L. Brown. As Eleanor Brown, travelling north on Cheltenham Avenue, turned onto Delphine Road, she collided with the motorcycle headed southbound on Cheltenham Avenue. John Quigg and Denise Quigg sued as administrators of Dennis Quigg’s estate claiming that Mrs. Brown was negligent in the operation of her car. Also, named as a defendant was Mr. Brown upon the allegation that Mrs. Brown was acting as “the agent, servant, employee or joint venturer”1 of Mr. Brown.

At the conclusion of the plaintiff’s evidence, a nonsuit was entered as to defendant Edwin Brown. On April 21, 1994, a jury verdict for the defense was rendered. On April 29, 1994, plaintiffs filed post-trial motions. On January 23,1995, plaintiffs’ post-trial motions were denied. Plaintiffs timely filed a notice of appeal.

In their case-in-chief, plaintiffs called Robert Bear, Stephen Irwin, Lorenzo Parks, and Steven Batterman, as witnesses. Robert Bear testified that he was in a car behind Dennis Quigg before the accident. He lost sight of the decedent, did not see the accident but testified to conditions upon his arrival at the scene.2 Stephen Irwin, an accident reconstructionist described measure[106]*106ments he took of the accident location six years after the accident. He described the process by which he made diagrams of the scene by combining photographs taken immediately after the accident with his measurements.3 Lorenzo Parks, president of “21st Century Graphic Productions,” a computer animations company, testified that he and Dr. Batterman received the measurements collected by Mr. Irwin. He explained the creation of a computer animated recreation of the accident itself. This animation was viewed by the jury over defense objection.4 Dr. Batterman testified as an expert in the fields of mechanical engineering, applied science engineering, biomechanics, and accident reconstruction. Dr. Batterman described the creation of the computer animation and using it demonstratively together with photographs of the accident scene,5 testified that the animation accurately portrayed his expert opinion of the accident. He concluded that the Quigg motorcycle had been travelling within the speed limit and that the accident was due to Mrs. Brown’s failure to see the approaching motorcycle.6

The defense called Eleanor Brown, Vincent Small, Christopher Klipp, Sergeant Gerald W. Edwards, Joseph Thompson, and Kevin Breen. Mrs. Brown testified that as she approached the intersection she saw a single light coming towards her at the crest of a hill. She felt the vehicle was far enough away for her to safely turn. She testified that as she turned onto Delphine [107]*107Road, at a speed of five miles per hour, she suddenly felt the impact of the motorcycle hitting the side of her vehicle.7 Vincent Small testified that he had been driving behind the decedent before the accident. He testified that the motorcycle was moving quickly and was pulling away from his vehicle, despite the fact that he was accelerating.8 Mr. Small was extensively cross-examined on whether he or his truck were visible in photos taken at the accident scene.9 Christopher Klipp, an employee of Biello’s Auto Parts, testified that the damaged vehicle driven by Mrs. Brown arrived at Biello’s Auto Parts on April 9, 1986. The vehicle was stored indoors for three years before being moved outside and protected by a tarpaulin cover.10 Following Mr. Klipp’s testimony, the jury was permitted to view the car over plaintiff’s objection.11 Sergeant Edwards, the investigating police officer testified about his education and experience in accident investigations.12 The defense offered Sergeant Edwards as an expert to provide opinion evidence regarding the speed of the vehicles at the time of the accident. An objection from plaintiff concerning Sergeant Edwards’ qualifications to provide such an expert opinion was sustained.13 Sergeant Edwards was permitted to testify only as to his observations at the accident scene. He described the precise points from which he measured the single tread skid mark on the road. Sergeant Edwards was prohibited [108]*108from expressing any opinion as to whether the single tread skid mark he observed and demonstrated on the photographs occurred during this accident.14 Defense experts, Joseph Thompson and Kevin Breen offered opinions that Mr. Quigg was travelling at an excessive speed at the time of the accident.15 Joseph Thompson was qualified as an expert in engineering and accident reconstruction. Mr. Thompson’s opinion was that the motorcycle was travelling at a speed between 61 to 88 miles per hour at the time of impact.16 Mr. Thompson testified that he calculated the distance the decedent travelled in the air compared with the distance he slid on the ground. He stated that he used a commonly accepted formula documented in the S ociety of Automotive Engineers Special Publication 814.17Mr. Thompson further testified concerning the results of his field tests and calculations of the speed of the motorcycle as it pulled away from, and out of the sight of Vincent Small.18

Kevin Breen was qualified as an expert in engineering and accident reconstruction. He stated that he conducted investigations and tests after reviewing depositions, accident reports, photos, operation manuals for the vehicles, and inspecting the actual vehicles. Mr. Breen explained the damage to the motorcycle, demonstrating the damage on the actual motorcycle which had been [109]*109cut into three parts after the accident.19 Mr. Breen also concluded that the motorcycle had been travelling at a speed in excess of 60 miles per hour.20 Mr. Breen was extensively cross-examined including questions concerning his testimony in a different case.21 Mr. Breen acknowledged that he had been mistaken in that testimony and had retracted his testimony on redirect examination in that other case.22

On rebuttal, plaintiffs called John Quigg, the father of the deceased. Mr. Quigg testified that after the accident, he gave the motorcycle intact to John Nagaski.23 Plaintiffs sought to call Mr. Sarsfield, a person present at the accident scene to testify concerning the identity of a person shown in pictures taken at the scene. A defense objection was granted and Mr. Sarsfield was precluded from testifying.24 Steven Batterman, plaintiffs’ expert, was recalled and testified at length that in his opinion, both Mr. Breen and Mr. Thompson’s conclusions were erroneous.25 Dennis Toaspem was called and was permitted to describe at length both the damage sustained by the motorcycle in the accident and the effect of cutting it in three places.

[110]*110During deliberations, the jury requested to see pictures marked D-7 and D-8.26 Plaintiffs requested that all pictures be given to the jury. The jury was permitted to review the requested pictures.

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Bluebook (online)
28 Pa. D. & C.4th 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quigg-v-brown-pactcomplphilad-1996.