Redevelopment Authority v. Asta

329 A.2d 300, 16 Pa. Commw. 78, 1974 Pa. Commw. LEXIS 596
CourtCommonwealth Court of Pennsylvania
DecidedDecember 5, 1974
DocketAppeal, No. 174 C.D. 1974
StatusPublished
Cited by3 cases

This text of 329 A.2d 300 (Redevelopment Authority v. Asta) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redevelopment Authority v. Asta, 329 A.2d 300, 16 Pa. Commw. 78, 1974 Pa. Commw. LEXIS 596 (Pa. Ct. App. 1974).

Opinion

Opinion by

Judge Kramer,

This is an appeal filed by the Redevelopment Authority of the County of Bucks (Authority) from an order of the Court of Common Pleas of Bucks County, dated January 21, 1974, granting a new trial to Augustine G. Asta, Nardine Asta, John V. Asta and Benjamin D. Asta (Asta), the condemnees in an eminent domain case.

On August 18, 1969, the Authority filed a declaration of taking which included among other properties, thirteen properties owned by Asta. Some of the Asta properties were contiguous, and all were located within one block of each other in an area of Bristol Borough which had been declared blighted. On February 23, 1971, Asta filed a petition for the appointment of a Board of View, which was granted on the following day. After hearing, the Board of View awarded damages in the amount of $84,700, together with damages for delay on that amount from August 18, 1969 to November 24, 1969 (the date on which $51,200 was paid on account) and damages for delay thereafter on the remaining balance to the date of payment.

The Authority filed an appeal to the court below on February 23, 1972.1 Prior to trial before the lower court, the parties entered into a stipulation in which, among other things, $3,500 was agreed to be just compensation for one of the 13 Asta properties. During the trial, the jury was taken to the subject properties for a view of the buildings not yet demolished. The jury also was given photographs of all of the buildings showing their general appearance at the time of the taking. A real estate appraiser for the condemnees testified that $130,000 was the fair market value of the remaining 12 [81]*81pieces of property, and a real estate appraiser for the Authority valued the properties at $57,500. The jury returned a verdict in the amount of $58,500, which, together with the stipulated $3,500 resulted in a total verdict of $62,000.

Following the verdict, Asta filed a motion for a new trial which raised 17 issues. Four of these were briefed and argued before a three-judge panel of the lower court. On January 21, 1974, the court below issued its order granting a new trial. No opinion was written at the time the order was issued. On February 7, 1974, the Authority filed its appeal with this Court and, thereafter, on March 11, 1974, the lower court issued its opinion in support of the order granting a new trial. The opinion of the court below states that three of the four grounds presented by Asta for a new trial were without merit, but that a new trial should be awarded because the court determined that it had erred by refusing to permit counsel for Asta to cross-examine the Authority’s expert witness concerning the fees which that witness had been paid for his appraisal work relating to the 12 properties in question.

In its appeal to this Court, the Authority raises only the issue concerning the court’s determination that it had erred in prohibiting the cross-examination mentioned above. Although Asta did not take an appeal to this Court, Asta attempts to raise the three additional issues it raised before the court below, but which were determined by that court to be without merit. Only the Authority appealed from the order of the court below, and the lower court’s sole reason for granting a new trial was that it had erred by prohibiting the above-mentioned cross-examination. We agree with the Authority that the prohibited cross-examination is the only issue before this Court.

In Redevelopment Authority of the City of Philadelphia v. United Novelty & Premium Co., Inc., 11 Pa. Com[82]*82monwealth Ct. 216, 314 A. 2d 553 (1973), we noted that the grant of a new trial is within the sound discretion of the trial judge, but that his discretion is not absolute. We will review the action of the court below and will reverse if we determine that the lower court acted capriciously or palpably abused its discretion.. In reviewing the grant or refusal of a new trial to determine whether there has been a palpable abuse of discretion, we must view all of the evidence in the record. See Austin v. Ridge, 435 Pa. 1, 255 A. 2d 123 (1969); United Novelty, supra.

The lower court, in this case, granted a new trial because it believed that it erred by refusing to allow the Authority’s expert witness to be cross-examined concerning the fee he would be paid for his testimony. The attempted cross-examination concerning fees was as follows: “Q. Would you tell us, please, what your fee has been for appraising these properties involved in the Urban Renewal Project? Mr. Connolly: Objection. The Court: What is the basis of the question? Mr. Moskowitz : I think the Jury is always entitled to know what the fees of an expert witness are. The Court: What is the basis of the objection? Mr. Connolly: I don’t think that is relevant to the case involved. I don’t know how that has any bearing. Obviously he is a witness who is called to testify. Obviously he should be paid fair compensation. The Court : I will sustain that objection, but you may ask him whether or not he has— there are any fees that he has been paid or is dependent upon his testimony. Mr. Moskowitz : Well, that’s not the question that I would ask. Let me ask that question in more specific terms. By Mr. Moskowitz: Q. What has your fee been, Mr. Minyoni, for appraising the twelve properties about which you testified today? Mr. Connolly: Objection, again, Your Honor. The Court : I will sustain that on the same basis.”

[83]*83Anyone familiar with trial practice in eminent domain cases knows that attorneys will cross-examine real estate appraisers testifying as expert witnesses in an attempt to impeach their credibility. Any bias or partisanship on the part of such a witness is relevant evidence and is a proper subject for cross-examination. The amount of compensation paid to expert witnesses may have a definite effect upon their credibility. This is especially true if the fees paid to such a witness are based upon any interest the witness may have in the case. If the expert witness’s fee is in any way related to the size of the verdict or the number of properties involved, then the jury is entitled to consider that relationship in weighing the expert’s testimony. In Grutski v. Kline, 352 Pa. 401, 43 A. 2d 142 (1945), two medical expert witnesses had been asked on cross-examination about the fees they were receiving, and the lower court in that case had sustained an objection (the same as in this case). The Supreme Court stated:

“That plaintiffs were entitled to show the jury what compensation the doctors were receiving is unquestioned because their arrangements could have been such as to affect their credibility as witnesses, not only on the medical side of the case, but on the merits as well, and this has been definitely decided.” 352 Pa. at 405, 43 A. 2d at 144.
“ ‘Whatever tends to show the interest or feeling of a witness in a cause is competent by way of cross examination’ . . . ‘The fact that an expert witness is to receive, or has received, per diem compensation beyond the legal witness fee does not affect his competency as a witness, and it may have very slight bearing upon the question of his impartiality. Nevertheless, his relation to the party calling him may be such as to warrant the jury in taking it into consideration in weighing his testimony.” (Citations omitted.) 352 Pa. at 406, 43 A. 2d at 144.

[84]

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Bluebook (online)
329 A.2d 300, 16 Pa. Commw. 78, 1974 Pa. Commw. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redevelopment-authority-v-asta-pacommwct-1974.