Scavetti-Celano v. Milillo

74 Pa. D. & C.4th 225
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJuly 13, 2005
Docketno. 0731
StatusPublished

This text of 74 Pa. D. & C.4th 225 (Scavetti-Celano v. Milillo) 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
Scavetti-Celano v. Milillo, 74 Pa. D. & C.4th 225 (Pa. Super. Ct. 2005).

Opinion

QUIÑONES ALEJANDRO, J,

INTRODUCTION

The instant appeal involves allegations that the undersigned trial judge erred and/or abused [her] discretion when determining that Vanessa Scavetti-Celano (plaintiff) was subject to the “limited tort” option provisions of the Motor Vehicle Financial Responsibility Law (MVFRL or Motor Vehicle Code), 75 Pa.C.S. §1705 et seq. This trial judge disagrees.

RELEVANT FACTUAL AND PROCEDURAL HISTORY

Plaintiff’s civil action complaint for personal injuries against Lisa M. Milillo (defendant), Ron Louden and Ron Alan Louden (same person, defendant Louden), and Valerie Elaine Monroe for negligent entrustment of a motor vehicle.1 On January 20, 2005, a default judgment was entered against defendant Monroe as a result of her failure to file an answer to the complaint. Discovery ensued and was completed. On March 2,2005, a jury trial commenced against the remaining defendants. Briefly, the relevant evidence the jury considered is as follows:

[227]*227“On January 8, 2002,[2] plaintiff was a 29-year-old female[3] employed as a supervisor in the digitizing department at Main Line Embroidery,[4] an entity she had worked with for 14 years.[5] On that date, she received a phone call at her place of employment from the police notifying her that the alarm system at her mother’s house had been triggered.[6] Plaintiff asked a co-worker, defendant Monroe, to drive her from their Essington, Pennsylvania,[7] work location to check on her mother’s home located in Philadelphia, Pennsylvania.[8] Defendant Monroe agreed and they were headed in a southward direction on 4th Street[9] in Tinicum Township,[10] with plaintiff as an unrestrained[11] front seat passenger,[12] when the motor vehicle accident occurred.
“Defendant Louden was driving a vehicle he and his wife, defendant Milillo, owned, on his way to a truck driving school located in Lester, Pennsylvania.[13] Moments prior to the motor vehicle accident, defendant Louden came to a rolling stop[14] before making a left hand turn onto Seminole Street, the cross street to 4th Street[15] (which does not have any stop signs for vehicles [228]*228going north and south).[16] As he entered 4th Street, defendant Louden’s vehicle was traveling at approximately 10 miles per hour,[17] while defendant Monroe’s approaching vehicle was traveling at a speed between 25 and 45 miles per hour. [18] Defendant Louden had almost completed the turn onto 4th Street when the accident occurred. The collision impact was to the front passenger side of defendant Monroe’s Mazda 626[19] causing the airbags to deploy,[20] and to the right rear quarter panel of defendant Louden’s Suzuki Side Kick.[21] The force of the collision broke the axle of defendant Louden’s vehicle, making it inoperable.[22]
“Although an ambulance arrived at the scene of the accident, plaintiff refused immediate medical care.[23] Later that evening, she went to the emergency room at Thomas Jefferson University Hospital where her entire body was x-rayed and she was later discharged.[24]
“Approximately two weeks after the accident,[25] plaintiff sought the services of a chiropractor. She underwent [229]*229a MRI,[26] which was positive for a herniated disk or protrusion.[27] Plaintiff received treatment from the chiropractor until her medical benefits were exhausted, then ceased treatment because she could not financially afford the therapy.[28] She was advised by her chiropractor to take up Pilates, but failed to do so.[29] Approximately two to three months after the accident,[30] her neck pains subsided, but her back pain allegedly did not.[31] She used Aspercream on her back and took non-prescription pain medication.[32]
“Before the accident, plaintiff claims that she did not suffer from any type of neck or back pain.[33] She was able to exercise, run, and do sit-ups, household chores and other physical activities without any pain.[34] Plaintiff claims, however, that since the accident, she continues to suffer from constant back pain;[35] that she cannot sit or stand for extended periods of time;[36] and that her ability to engage in physical activities has diminished.[37] Other than the chiropractic treatments, plaintiff did not [230]*230seek any medical treatment for her accident-related injuries.[38]
“As a result of the motor vehicle accident, plaintiff did not miss any work nor did her job responsibilities require any accommodations for her injuries.[39] Plaintiff did not suffer any lost wages.[40] She has since married, had a child, and now manages a moving company with her husband.[41] Her current responsibilities consist of secretarial and administrative duties.”[42]

On March 8,2005, the jury rendered a verdict finding that defendant Louden was negligent but that his negligence was not a factual cause in bringing about plaintiff’s injuries. The jury also found that plaintiff did not sustain a “serious injury.”

On March 14, 2005, plaintiff filed a post-trial motion requesting a new trial. Oral argument was scheduled and heard on April 26 and April 27, 2005. By order dated April 27, 2005, this trial judge denied plaintiff’s post-trial motion.

Dissatisfied, on May 4, 2005, plaintiff filed the instant appeal.

ISSUE

In response to an order issued in accordance with Pennsylvania Rule of Appellate Procedure 1925(b), plaintiff, on June 3, 2005, served unto this trial judge a concise statement of matters complained of on appeal and ar[231]*231gued that: “this honorable court committed an error of law and/or abuse of discretion in ruling that plaintiffs [sic] case was governed by ‘limited tort.’ Plaintiff’s counsel preserved this issue by objecting to the court’s ruling prior to the selection of the jury. Plaintiff also preserved this issue by objecting on the record outside the presence of the jury during the charging conference to a limited tort charge, and plaintiff again preserved this objection on the record at the sidebar conference immediately after the courts [sic] charge to the jury.”

LAW AND DISCUSSION

For the reasons that follow, this trial judge opines that the denial of plaintiff’s post-trial motion was proper and that this appeal is without merit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fanning v. Davne
795 A.2d 388 (Superior Court of Pennsylvania, 2002)
Andrews v. Jackson
800 A.2d 959 (Superior Court of Pennsylvania, 2002)
Washington v. Baxter
719 A.2d 733 (Supreme Court of Pennsylvania, 1998)
Harman Ex Rel. Harman v. Borah
756 A.2d 1116 (Supreme Court of Pennsylvania, 2000)
Berger v. Rinaldi
651 A.2d 553 (Superior Court of Pennsylvania, 1994)
Paden v. Baker Concrete Construction, Inc.
658 A.2d 341 (Supreme Court of Pennsylvania, 1995)
Neison v. Hines
653 A.2d 634 (Supreme Court of Pennsylvania, 1995)
Washington v. Baxter
719 A.2d 733 (Supreme Court of Pennsylvania, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
74 Pa. D. & C.4th 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scavetti-celano-v-milillo-pactcomplphilad-2005.