Riddle v. Anderson

481 A.2d 382, 85 Pa. Commw. 271, 1984 Pa. Commw. LEXIS 1697
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 21, 1984
DocketAppeals, Nos. 1280 C.D. 1983 and 1377 C.D. 1983
StatusPublished
Cited by11 cases

This text of 481 A.2d 382 (Riddle v. Anderson) 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
Riddle v. Anderson, 481 A.2d 382, 85 Pa. Commw. 271, 1984 Pa. Commw. LEXIS 1697 (Pa. Ct. App. 1984).

Opinion

Opinion by

Judge Blatt,

In this trespass action to recover damages for injuries sustained by Brain R. Riddle (Riddle) in an automobile accident, the jury found both the driver of the vehicle in which Riddle was a passenger and the Pennsylvania Department of Transportation (DOT) negligent and thus liable for damages in the amount of $55,000.00 (fifty-five thousand dollars) for pain and suffering, inconvenience, disfigurement and [273]*273loss of enjoyment of life. The jury did not award any damages for loss of past and future earnings.1

Subsequently, Biddle filed a motion for a new trial in which he requested, alternatively: a new trial solely on the issue of damages, a new trial on all issues, or additur to justly compensate him for his loss of past and future earnings. He argued that the verdict was inadequate because it failed to compensate him for the irreparable brain damage he suffered as a result of the accident in the form of loss of past and future earnings. The trial court granted relief in the form of a new trial on all issues, concluding that the jury’s failure to award any damages for loss of past and future earnings rendered the verdict inadequate inasmuch as it was “clearly against the weight of the evidence and reflected a disregard for the Court’s instruction that in determining loss of past and future earnings, the jury was to consider plaintiff’s [Riddle] opportunity to earn.” Additionally, the trial court explained that a new trial on all issues rather than a new trial on the issue of damages alone was necessary in light of the conflict involving liability, stating that the overall low damage award indicated that the jury had possibly compromised the issue of liability and that, therefore, a new trial on the issue of damages alone would be inappropriate.

Cross-appeals were filed by DOT (1280 C.D. 1983) and by Riddle (1377 C.D. 1983).

[274]*2741280 C.D. 1983

In its appeal, DOT contends that the trial court usurped the prerogative of the jury, and thereby abused its discretion, when it determined that the damage award was inadequate. DOT argues that, despite the lack of contradictory evidence on the issue of past and future earnings, the jury did not have to find credible Biddle’s evidence regarding loss of past and future earnings. Furthermore, DOT urges that Biddle failed to meet his burden with respect to loss of future earnings in that he did not prove that his “economic horizons” had been narrowed as a result of the accident.

The decision to grant or deny a new trial because of an inadequate verdict is one peculiarly within the discretion of the trial court, and consequently, such a decision will not be overturned on appeal unless the trial court abused its discretion or erred as a matter of law. Dougherty v. Badsbury, 299 Pa. Superior Ct. 357, 445 A.2d 793 (1982). Recently, the Pennsylvania Superior Court, in Bortner v. Gladfelter, 302 Pa. Superior Ct. 492, 448 A.2d 1386 (1982), prescribed detailed guidelines to aid trial courts in determining whether or not to set aside a verdict as inadequate, and, although that decision is not binding upon this court, we find it highly persuasive. It held that such a decision is correct, and thus not 'an abuse of the trial court’s discretion, when: (1) the verdict awarded indicates passion, prejudice, partiality or corruption on the part of the jury; (2) the verdict reveals that the jury either disregarded or misapprehended the instructions of the court; (3) the verdict awarded bears no reasonable relation to the losses sustained by the plaintiff; (4) the verdict evidences a failure of justice to the plaintiff; or (5) the verdict is so inadequate that [275]*275it should not he permitted to stand. Id. at 496, 448 A. 2d at 1389.

Initially, we would emphasize that Riddle, who was in college studying to become an architectural engineer at the time of the accident, did not have to prove that he would have reached his stated goal, rather he had to prove that his “economic horizons” had been shortened because of his injuries. Kaczkowski v. Bolubasz, 491 Pa. 561, 421 A.2d 1027 (1980). Here, Riddle presented competent evidence in the form of records revealing past academic achievements and the testimony of a vocational expert to support his contention that he would have been able to complete the architectural engineering course prior to the accident. Additionally, Riddle offered uncontradicted and consistent opinions from both his neurosurgeon and the vocational expert that at present he could not undertake an engineering course and that his present inability to do so resulted from brain damage sustained during the accident. We, therefore, agree with the trial court that Riddle met his burden of proof here to show a narrowing of “economic horizons”.

After reviewing the standards set forth in Bortner and the trial court’s reasons for finding the verdict inadequate, and after also reviewing the entire record, we do not believe that the trial court abused its discretion here by setting aside the verdict. It instructed the jurors that, if they found liability on the part of the defendants, they would then need to determine the amount of damages, including both past and future losses, sustained by the plaintiff as a result of the accident. And, in charging the jury on how to calculate the loss of past and future earnings, the trial court instructed it to consider any loss of opportunity suffered by the plaintiff. As previously noted, Riddle did offer evidence establishing loss of opportunity. [276]*276The record also contains undisputed evidence regarding his life expectancy and the difference in starting salaries between his present position as a draftsman and the position of architectural engineer. Considering the jury’s finding of negligence on the part of both defendants and the uncontradicted testimony regarding Riddle’s injuries and consequent losses, we must consequently agree that the jury apparently disregarded or misapprehended its instructions. Moreover, while it is true that the jury does not have to accept as true even uncontradicted evidence, Macina v. McAdams, 280 Pa. Superior Ct. 115, 421 A.2d 432 (1980), it is also true that, where a jury verdict goes against overwhelming, uncontradicted testimony, the court may set the verdict aside as being clearly-against the weight of the evidence. Id.

1377 C.D. 1983

In his cross-appeal, Riddle contends that the trial court erred in granting a new trial on all issues rather than on the issue of damages alone.

The trial court stated in its opinion that the inadequacy of the damage verdict possibly evidenced a compromise by the jury on the issues of negligence and damages. And in Gagliano v. Ditzler, 437 Pa. 230, 263 A.2d 319 (1970), our Supreme Court held that:

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Bluebook (online)
481 A.2d 382, 85 Pa. Commw. 271, 1984 Pa. Commw. LEXIS 1697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riddle-v-anderson-pacommwct-1984.