Rohrer v. Connelly

48 Pa. D. & C.4th 76, 2000 Pa. Dist. & Cnty. Dec. LEXIS 237
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedJuly 21, 2000
Docketno. 5498 S 1998
StatusPublished

This text of 48 Pa. D. & C.4th 76 (Rohrer v. Connelly) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rohrer v. Connelly, 48 Pa. D. & C.4th 76, 2000 Pa. Dist. & Cnty. Dec. LEXIS 237 (Pa. Super. Ct. 2000).

Opinion

KLEINFELTER, P.J.,

Before the court are the preliminary objections of defendants John Sheridan CPA and Sheridan & Fritz PC to plaintiff Yettanda Landis’1 complaint in professional malpractice. As will be described more fully below, Ms. Landis retained Mr. Sheridan as an expert witness in her divorce action for the purpose of valuing her husband’s assets. For the reasons which follow, defendants’ preliminary objections are overruled.

Initially, we are compelled to note that defendants’ “preliminary objections” are procedurally defective. Couched as a demurrer under Pa.R.C.P. 1028(a)(4),2 defendants raise their objection based upon the theory that the witness immunity doctrine absolves Mr. Sheridan of any liability for unfavorable findings resulting from his testimony.

An immunity defense such as this is technically not the proper object of a demurrer, as it should be pleaded under new matter pursuant to Pa.R.C.P. 1030.3 Never[79]*79theless, in the interest of expediency, we are inclined to decide the matter on the merits and proceed as if it were in fact a proper demurrer. Pa.R.C.P. 126.

As indicated above, this case finds its roots in a divorce action between Ms. Landis and a Mr. Howard Rohrer. At a hearing before the divorce master, the late Louis J. Adler, expert witnesses testified as to the value of the largest asset of the marital estate, namely Mr. Rohrer’s share in a bus leasing company.4 Among the assets for valuation were the school buses owned by the company. Standard reference in school bus valuation is the “Yellow School Bus Book,” an industry handbook that sets forth base prices for used school buses that is similar to the “Blue Book” utilized in the used car market. The Yellow Book is published annually on the first day of January. Of course, as the year progresses, the values of used buses quoted in the current Yellow Book depreciate, and “seasonal adjustments,” which are provided, are to be made in compensation.

On August 16,1996, Mr. Sheridan submitted a valuation report for the bus leasing company as of December 31, 1995. In it, Mr. Sheridan relied upon the 1995 Yellow Book when he valued the school buses and made no seasonal adjustments for depreciation from January 1 [80]*80through December 1995. At the master’s hearing, Mr. Sheridan testified that, since it was the practice of Mr. Rohrer to value his buses without seasonal adjustments, it would not have been appropriate to make such adjustments in the valuation report.

Mr. Rohrer contended that Mr. Sheridan’s method was contrary to an April 19, 1996 agreement between the parties stipulating that the value of the school buses was to be obtained from “the current Yellow Book.” In that light, the market values of the buses would be subject to an additional year’s depreciation, since the current Yellow Book at that time was published in 1996. As a result, the value of the school buses as provided by Mr. Sheridan was $600,000 greater than Mr. Rohrer’s expert’s valuation. In light of the stipulation, the master rejected the report prepared by Mr. Sheridan and accepted the valuation report prepared by Mr. Rohrer’s expert.

After the master’s report was submitted on December 16, 1996, Ms. Landis filed exceptions, which were dismissed by this court. On appeal, the Superior Court affirmed, holding that the correct valuation of the school buses was pursuant to the 1996 Yellow Book as dictated by the stipulation.

On March 3, 1999, Ms. Landis brought this malpractice action alleging, inter alia, that Mr. Sheridan, and vicariously Sheridan & Fritz PC, were professionally negligent in the valuation of the school buses through the use of the 1995 Yellow Book instead of the 1996 edition. Defendants brought the instant preliminary objections on April 4,1999, to which Ms. Landis replied with a memorandum on February 3,2000. A three judge panel [81]*81of this court heard oral argument on June 15, 2000, and the matter is now ripe for disposition.

We note the standard for resolving a demurrer as espoused by our appellate courts:

“Since sustaining the demurrer results in a denial of the pleader’s claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted.... If the facts as pleaded state a claim for which relief may be granted under any theory of law then there is sufficient doubt to require the preliminary objection in the nature of a demurrer to be rejected....” Willet v. Pennsylvania Medical Catastrophe Loss Fund, 549 Pa. 613, 619, 702 A.2d 850, 853 (1997) (quoting The County of Allegheny v. Commonwealth of Pennsylvania, 507 Pa. 360, 372, 490 A.2d 402, 408 (1985)).

Defendants contend that Ms. Landis has no valid cause of action since they are absolved of any liability by the witness immunity doctrine. This doctrine essentially states that witnesses may not be held liable for statements made during legal proceedings. Moses v. McWilliams, 379 Pa. Super. 150, 549 A.2d 950 (1988). Its purpose is to promote free and candid testimony. Id.

Defendants cite Panitz v. Behrend, 429 Pa. Super. 273, 632 A.2d 562 (1993), appeal denied, 539 Pa. 694, 653 A.2d 1232 (1994), in support of their position that the witness immunity doctrine is equally applicable to friendly expert witnesses. Panitz involved an expert witness, Dr. Panitz, who was hired by a law firm to provide testimony in a personal injury action. When the jury returned an unfavorable verdict, the firm refused to pay [82]*82Dr. Panitz as agreed, and she brought suit. In its counterclaim, the law firm alleged that the unfavorable verdict was the result of Dr. Panitz’s negligence and misrepresentation during testimony since she could not explain certain inconsistencies during cross-examination. Dr. Panitz also conceded after the trial that, even before the trial, she had come to realize that the reasoning upon which she had relied was inaccurate.

The Superior Court, however, agreed with Dr. Panitz’s claim of immunity and extended the witness immunity doctrine to include friendly expert witnesses. The court reasoned that the real purpose of expert testimony is to assist the jury in comprehending complex matters, not to ensure success in winning the case.

The Superior Court began its review by reiterating the well-recognized principle that “there is no civil liability for statements made in the pleadings or during trial or argument of a case so long as the statements are pertinent.” Panitz, 429 Pa. Super, at 277, 632 A.2d at 564. The court reviewed the public policy considerations, primarily the encouragement of complete and unintimidated testimony. The court went on to opine that “there also is no reason for refusing to apply the privilege to friendly experts hired by a party.

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Related

Moses v. McWilliams
549 A.2d 950 (Supreme Court of Pennsylvania, 1988)
County of Allegheny v. Commonwealth
490 A.2d 402 (Supreme Court of Pennsylvania, 1985)
LLMD of Michigan, Inc. v. Jackson-Cross Co.
740 A.2d 186 (Supreme Court of Pennsylvania, 1999)
Willet v. Pennsylvania Medical Catastrophe Loss Fund
702 A.2d 850 (Supreme Court of Pennsylvania, 1997)
Panitz v. Behrend
632 A.2d 562 (Superior Court of Pennsylvania, 1993)

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Bluebook (online)
48 Pa. D. & C.4th 76, 2000 Pa. Dist. & Cnty. Dec. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohrer-v-connelly-pactcompldauphi-2000.