Reed v. Allied Signal Inc.

20 Pa. D. & C.5th 385
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedDecember 22, 2010
Docketno. 1720
StatusPublished

This text of 20 Pa. D. & C.5th 385 (Reed v. Allied Signal Inc.) 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
Reed v. Allied Signal Inc., 20 Pa. D. & C.5th 385 (Pa. Super. Ct. 2010).

Opinion

LEVIN, J.,

I. FACTUAL AND PROCEDURAL HISTORY

The instant case was tried by jury in May, 2009, on a reverse bifurcated basis within the Mass Tort Program [387]*387of the Court of Common Pleas of Philadelphia before the Honorable Stephen E. Levin.

Frederick Lewis testified at deposition prior to his death from mesothelioma that he had worked for approximately 22 years as a brake mechanic, which involved changing brakes which contained asbestos. Mr. Lewis removed old brakes, installed new brakes, and ground, sanded and riveted brakes under repair thereby releasing asbestos dust into the air on a regular basis over the course of Mr. Lewis’s career as a brake mechanic from 1933 to 1955. There was expert testimony that mesothelioma may have a lengthy latency period before it manifests itself. Medical records and expert testimony established that Mr. Frederick died as a result of mesothelioma.

On May 27, 2009, in the phase I damages portion of the trial, the jury found that asbestos exposure was the factual cause of plaintiffs’ decedent, Frederick Lewis’s, mesothelioma; and awarded damages in the amount of $492,007.00.

Subsequently, on June 2, 2009, the jury found, in the phase II liability portion of the trial, for Marlene Reed, individually, and as personal representative for the Estate of Frederick Lewis, deceased, and Margaret Lewis in her own right (hereinafter “plaintiffs”), against defendant Honeywell International Inc., formerly known as Allied Signal Inc., as successor in interest to the Bendix Corporation (hereinafter “Honeywell”). Plaintiffs then filed a motion for delay damages on June 11, 2009 to which defendant, Honeywell, filed a response in opposition to [388]*388delay damages. In addition, Honeywell filed timely motion for post trial relief on June 12, 2009, in the nature of a motion for J.N.O.V., or alternatively, for a new trial on phase II only. Argument on post trial motions was heard before the Honorable Stephen Levin on July 22, 2010.

On September 1, 2010, this court denied Honeywell’s post trial motions for J.N.O.V. and new trial, but molded the verdict to reflect funds received from bankruptcy trusts, and awarded delay damages pursuant to a court order docketed September 7, 2010 as follows:

And now, this first day of September, 2010, upon consideration of defendant, Honeywell International Inc.’s motion for post-rrial relief in the nature of a motion for judgment notwithstanding the verdict, and Honeywell International, Inc.’s motion for a new trial in phase II, pursuant to Pennsylvania Rule of Civil Procedure 227.1, and any response thereto, it is hereby ordered that defendant’s motion for JNOV and defendant’s motion for a new trial in phase II are both denied.
Defendant Honeywell International, Inc.’s alternative motion to mold the verdict of $492,007.00 to reflect plaintiffs’ settlements received from the following section 524(g) bankruptcy trusts is granted as follows.
Manville $26,250.00
Celotex $18,583.00
Armstrong $22,000.00
[389]*389U.S. Gypsum $69,750.00
National Gypsum $12,510.00
Total Bankruptcy Settlements $149,093.00
The trust distribution claims and resolutions procedures of Armstrong World Industries, Inc.; United States Gypsum, and NGC (National Gypsum Company) Bodily Injury Trust are hereby incorporated into the record, and made a part of defendant Honeywell’s August 6, 2010 filing as Exhibits E through G thereto.
The verdict of $492,007.00 is hereby molded for a net verdict amount of $342,914.00 based on the pro tanto reduction of the verdict by each of the above bankruptcy trust settlements pursuant to the Uniform Contribution Among Joint Tortfeasors Act, 42 Pa. C.S. Section 8326; Andalorro v. Armstrong World Industries, 799 A.2d 71 (Pa. Super. 2002); and Baker v. A, C & S. Inc., et al., 562 Pa. 290, 755 A.2d 664 (Pa. 2000). It is further ordered, pursuant to Pa. R.C.P. 238, that plaintiffs are entitled to delay damages. Accordingly, the delay damages set forth below have been calculated upon the molded verdict amount of $342,914.00.
Delay damages are hereby awarded pursuant to Pa. R.C.P. 238 based on the prime rate as published in the first yearly edition of the Wall Street Journal for each pertinent year, plus one percent not compounded, using the molded verdict of $342,914.00 as the basis as follows:
November 27, 2007 to Dec. 31, 2007
[390]*390at 9 1/4 % $3041.60
January 1, 2008 through December
31,2008 at 8 1/4% $28,290.41
January 1, 2009 through June 2, 2009
at 4 1/4% $6,109.04
Total Delay Damages $37,441.05

Judgment was entered, upon praecipe by Honeywell, on the molded verdict, in the combined amount of $380,355.05, on September 28, 2010; from which Honeywell filed an appeal the next day with respect to the denial of Honeywell’s post trial motion for J.N.O.V. or a new trial. On October 11, 2010, plaintiffs filed an appeal of the September 1, 2010 order, first opposing the molding of the verdict to reflect funds received from the bankruptcy trusts, and secondly against the calculation of delay damages after molding the verdict, and against the September 28, 2010 entry of said verdict as a judgment. The parties then filed Rule 1925 (b) statements of matters complained of on appeal.

Thus, Honeywell appeals the denial of J.N.O.V., or alternatively, requests a new trial, but does not appeal the calculations of the trial court with respect to molding the verdict, or delay damages, in the event the denial of its post trial motions is upheld. Plaintiffs, on the other hand, do not appeal the verdict. Plaintiffs appeal only on grounds that the verdict should not have been molded as it was, and they contend that delay damages should not have been [391]*391calculated on a reduced, (molded) verdict. For purposes of judicial economy, this opinion will first address the reasons why Honeywell’s appeal with respect to J.N.O.V., or new trial should be denied. The opinion will then discuss the reasons of the trial court for molding the verdict by subtracting bankruptcy trust settlements and calculating delay damages as it did on the molded verdict.

II. DISCUSSION

A. The Court Properly Denied Honeywell s Motion for J.N.O. V, or in the Alternative for a New Trial

Defendant Honeywell raised several issues in its post trial motions, and in its 1925 (b) statement.

First, Honeywell argued that the rule of coordinate jurisdiction applies such that an order entered by Philadelphia Court of Common Pleas Judge Tereshko in a Frye motion in another case mandates that plaintiffs’ expert testimony be precluded in this case.

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Bluebook (online)
20 Pa. D. & C.5th 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-allied-signal-inc-pactcomplphilad-2010.