Santana v. Lucas

79 Pa. D. & C.4th 336
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedNovember 30, 2005
Docketno. 2300
StatusPublished

This text of 79 Pa. D. & C.4th 336 (Santana v. Lucas) 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
Santana v. Lucas, 79 Pa. D. & C.4th 336 (Pa. Super. Ct. 2005).

Opinion

LYNN, J,

I. FACTS AND PROCEDURAL HISTORY

On March 28,2005, the above matter was tried before the undersigned, sitting with a jury. Plaintiffs, Luz Santana and Wilmer Sanchez, h/w filed a civil action against defendant, Barbara Lucas, for personal injuries sustained from an automobile accident on May 16,2002. The jury returned a verdict in favor of plaintiff in the amount of $168,000. Thereafter, plaintiff filed a motion for delay damages and defendant filed post-trial motions for a new trial, and/or to mold the verdict.

Defendant’s post-trial motions were denied by this court on July 7,2005, and plaintiff’s motion for delay [338]*338damages was granted. Defendant filed a timely notice of appeal to the Superior Court. This court ordered defendant, the moving party, to file a concise statement of matters complained of on appeal pursuant to Rule 1925(b) of the Rules of Appellate Procedure within 14 days. Defendant filed a response on September 14, 2005.

The evidence at trial established that on May 16,2002, plaintiff Santana was driving south on Castor Avenue towards St. Vincent Street and saw that she had a green light. As she proceeded through the intersection the defendant’s car made a left hand turn in front of her. She stated that she was traveling the speed limit, 30 miles an hour, had a clear view of travel before entering the intersection and did not see the defendant prior to impact and tried to veer to the left to avoid hitting the defendant’s vehicle. However, her vehicle hit the passenger side of defendant’s vehicle. She stated that the impact “pretty much threw me out of my seat, threw me forward and then back.” Her face hit the steering wheel and her knees hit the dashboard. She was also bleeding from her mouth and her knee as well as having a swollen nose. (N.T 3/ 29/05. pp. 44-51.)

After the accident, plaintiff Santana testified that someone called her husband and he arrived at the scene. She stated that she was fuzzy, confused and a bit disoriented from the accident. She did not exit her vehicle until the paramedics removed her and transported her to Albert Einstein Hospital. Plaintiff Santana testified that she was very achy the next morning and sore all over. She stated she could not take care of her children or her husband. (N.T. 3/29/05, pp. 51-54, 56.) She went to her primary care physician who recommended physical therapy. She [339]*339then went to see Dr. John Fisher for therapy for about five months and he sent her for an MRI. She was only out of work for approximately six weeks even though she was in a lot of pain. Plaintiff stated that even though she stopped treatment with Dr. Fisher, she had never folly recuperated. She never recovered from the injuries to her neck or back. (N.T. 3/29/05, pp. 54-61.) Plaintiff then testified that she went back to her family doctor because of the pain in January 2004. Dr. DeJoseph gave her some pain medication and in April sent her for more x-rays. According to plaintiff, he then referred her to an orthopedic doctor who gave her a cortisone shot and recommended more physical therapy. Plaintiff Santana testified that she did not go to therapy because she could not afford the payments. She also stated that she was recommended to Dr. Kenneth Izzo who performed an EMG and some additional testing. After a few months, Dr. Izzo recommended surgery for her neck and low back. (N.T. 3/29/05, pp. 62-67.)

As to her injuries, plaintiff testified that as a result, she has not been able to enjoy her life as she had prior to the accident, she cannot enjoy the same things with her daughter that she did with her son at the same age. Her relationship with her husband has changed, she cannot give her daughter a bath, getting dressed, cleaning her house, walking up and down the steps, and doing laundry, etc., has been affected by the accident. (N.T. 3/29/ 05, pp. 69-72.)

Plaintiff Sanchez next testified about the injuries and limitations his wife suffered from the accident. He stated that his wife is still in pain and he now takes care of their daughter more than before. The accident has also affected the intimacy of their marriage. (N.T. 3/29/05, pp. 9-28.)

[340]*340Defendant testified that she was driving north on Castor Avenue on the day of the accident and intended to make a left hand turn onto St. Vincent Street. She stated that the light was green and after she came to a complete stop, she had her turn signal on, she proceeded because she did not see any other car coming towards her. Defendant testified that she was already into her turn, into the right hand lane, when she heard screeching tires. She immediately turned her head and saw a car headed towards her. (N.T. 3/30/05, pp. 32-37.) Defendant also testified that she was injured from the accident and suffered pain in her back, neck, shoulder and knee. (N.T. 3/ 29/05. p. 51.)

II. ISSUES

Defendant raises the following issues on appeal:

(1) The court erred in permitting physiatrist, Kenneth Izzo M.D., to testify to potential future treatment and costs associated with same despite defendant’s objections that the testimony was speculative and, therefore, inappropriate for the jury to consider.

(2) The court erred in excluding the January 20, 2005 supplemental report of orthopedic surgeon, Arnold Berman M.D., and his testimony concerning same when that report merely elaborated on his earlier report concerning his review of plaintiff’s lumbar spine MRI.

(3) The court erred in charging the jury as follows:

“I instruct you that a negligent defendant takes a victim as it finds her and is hable for the full extent of damages inflicted even though the damage is greater than it would otherwise be because the plaintiff is particularly susceptible to injuries. A negligent defendant is respon[341]*341sible for all the injuries caused by his actions, and if the plaintiff, because of a peculiar condition or susceptibility, is injured more than she would have been had she not had such a pre-existing condition or susceptibility, the negligent person is responsible for all the injuries resulting from her act.

“One may be inflicted with a latent pre-existing condition which is aggravated, accelerated or precipitated by a negligent act of another. In such a situation the wrongdoer is held responsible for the injury so produced even though so great an injury would not have been produced in a person not so inflicted.”

Defendant objected to plaintiff’s proposed point for charge no. 21 as stated above. The court overruled defendant’s objection and read the charge as stated.

(4) The court erred in refusing to reread the point for charge regarding a motorist’s duty to have his vehicle under control to the jury in response to the jury’s question, “Can we have a copy of the law concerning control of an automobile?”

(5) The court erred in refusing to have the jury correct its inconsistent verdict and/or in failing to mold the verdict to reflect the fact that the jury found only 80 percent causal negligence on defendant Barbara Lucas.

(6) The court erred in failing to remit the verdict as it was excessive in light of the record and was against the weight of the evidence.

(7) By order dated July 7, 2005, this honorable court granted plaintiff’s motion for imposition of delay damages and molded the verdict to $169,524.60.

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Bluebook (online)
79 Pa. D. & C.4th 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santana-v-lucas-pactcomplphilad-2005.