Schnabel Associates, Inc. v. T & M Interiors, Inc.

507 A.2d 1241, 352 Pa. Super. 303, 1986 Pa. Super. LEXIS 10341
CourtSupreme Court of Pennsylvania
DecidedApril 17, 1986
Docket90 and 91
StatusPublished
Cited by3 cases

This text of 507 A.2d 1241 (Schnabel Associates, Inc. v. T & M Interiors, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schnabel Associates, Inc. v. T & M Interiors, Inc., 507 A.2d 1241, 352 Pa. Super. 303, 1986 Pa. Super. LEXIS 10341 (Pa. 1986).

Opinions

OLSZEWSKI, Judge:

On July 25, 1984, the Court of Common Pleas of Lycom-ing County filed an order entering judgment in a contract action in favor of appellee Schnabel Associates, Inc. (Schna[305]*305bel), and awarded damages. Judgment was entered against T & M Interiors, Inc. (T & M), Atlantic Carpet Corporation (Atlantic) and Dalton Carpet Finishing Co., Inc. (Dalton). Cross-claims of Atlantic and Dalton against T & M were denied. Atlantic, however, was found liable to T & M for providing defectively manufactured carpet, and, in turn, Dalton was found liable to Atlantic for improperly applying lamination to the carpet in question. Atlantic (in No. 90 Harrisburg 1985) and Dalton (in No. 91 Harrisburg 1985) filed separate appeals to this order. Since the issues raised in Atlantic’s appeal are identical to issues II and III of Dalton’s appeal, we have consolidated the appeals. Three issues raised by Dalton and discussed below resolve both appeals.

The first issue raised by both Atlantic and Dalton is that the expert testimony given by Schnabel’s expert with respect to delamination strength of the carpet at issue in this action was improper testimony based upon lack of knowledge about the carpet sample and sample size. We disagree. Admission of expert testimony is a matter for the discretion of the trial court, and that court’s exercise of discretion will not be disturbed unless there is a clear abuse. Laubach v. Haigh, 433 Pa. 487, 252 A.2d 682 (1969); Kubit v. Russ, 287 Pa.Super. 28, 429 A.2d 703 (1981). Appellants claim that Schnabel’s expert, Mr. Alan Lightkep, was not absolutely certain that the carpet sample he tested was new, and did not know exactly from where it came. Appellants also complain that Mr. Lightkep did not test three sample pieces of the carpet. Mr. Lightkep testified that he believed the carpet sample he tested was new; that he knew the sample came from the Timberland Apartments; and that it would make no difference in the testing whether the carpet sample was new or had been installed. Further, the test of one carpet sample was valid, and testing other samples would only serve to reinforce the validity of the test. Mr. Lightkep’s testimony that the carpet was defectively manufactured by nature of the absence of sufficient latex was corroborated by the testimony of other experts. [306]*306Therefore, we find that the admission of Mr. Lightkep’s testimony was not a clear abuse of the trial court’s discretion, and we find no reversible error.

Next, another common question raised by Atlantic and Dalton is whether Schnabel failed to mitigate damages properly and whether the trial court incorrectly calculated damages based upon the evidence. We find that this issue also lacks merit. Appellants claim that appellee failed to mitigate damages when it replaced the carpet in the entire building instead of replacing the carpet in only the damaged areas. The lower court ably countered this argument in finding that although the carpet failure was obvious in only 40 percent of the total apartment complex when it was replaced, “the same carpeting material (with defective lamination) was used throughout the project; the failure of the carpeting was pervasive; and while the failure of the carpeting was slower to materialize on the floor areas where the underflooring was used, it was apparent that the carpeting did not meet minimum contract standards.” See lower court findings, pp. 15-16. We find that appellee’s conduct, viewing all the facts, and circumstances presented at the time the carpet was replaced, was reasonable and proper. See Toyota Industrial Trucks, U.S.A., Inc. v. Citizens National Bank, 611 F.2d 465 (3d Cir.1979).

Appellants further claim that the damages award was improper. They claim the lower court erred in failing to consider the salvage value of the replaced carpet, and in allowing appellee to replace the defective carpet with an higher quality carpet. First, we refer to the lower court findings, page 16, where the lower court expressly states: “Plaintiff entered into a contract with Sears to remove the old carpet and replace it with 24 ounce carpeting at a cost of $9.40 per square yard. The $9.40 price included a credit to Sears for salvage of the carpet which was removed.” No further comment is necessary. With regard to the appellants’ complaint that the appellee wrongfully used upgraded carpet to replace the old carpet, appellants cite Popkin Brothers v. Dunlap, 130 Pa.Super. 50, 196 A. 586 (1938), [307]*307for the proposition that: “A vendee who is suing for damages for failure to deliver goods of a certain grade may not purchase elsewhere goods of a substantially higher value or better quality than those contracted for and recover from the vendor as damages the difference between the contract price and the price of the higher grade goods, at least not without proof that the more expensive goods were alone available.” Id. While we agree with this statement of law, we do not see how it was violated by the trial court. The trial court did not award as damages the difference between the contract price and the price of the higher grade goods. Instead, the trial court determined the difference between the cost of the higher quality carpet and the cost of the same quality replacement carpet, and subtracted this difference from the actual cost of the replacement. Thus, the damages were adjusted downward to put the appellee in only as good a position as if performance had been properly rendered by appellants. See Denby v. North Side Carpet Cleaning Company, 257 Pa.Super. 73, 390 A.2d 252, 256 (1978). Since the trial court acted in accordance with established law, we find its damages award was proper.

The final issue in this action pertains solely to appellant-Dalton. Dalton argues that the Pennsylvania courts lack in personam jurisdiction over it, as Dalton is a Georgia corporation. Pennsylvania’s courts can exercise in person-am jurisdication over a non-resident defendant if jurisdiction is conferred by the state long-arm statute; and the exercise of jurisdiction under the statute must meet the constitutional standards of due process. Since the Pennsylvania long-arm statute extends to the fullest extent permitted by the Constitution of the United States, in personam jurisdiction is proper when the non-resident has sufficient “minimum contacts” with the state. Hewitt v. Eichelman’s Subaru, Inc., 341 Pa.Super. 589, 492 A.2d 23 (1985); see 42 Pa.Cons. Stat.Ann.Sec. 5322 (Purdon 1981). Due process standards are satisfied if these “minimum contacts” are sufficient so that maintenance of the suit does not offend the traditional notions of fair play and substantial justice. International [308]*308Shoe Company v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). The “minimum contacts” standard, as pertinent to the case at bar, was recently defined by the United States Supreme Court in World-Wide Volkswagen Corp. v. Woodson,

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516 A.2d 384 (Supreme Court of Pennsylvania, 1986)
Schnabel Associates, Inc. v. T & M Interiors, Inc.
507 A.2d 1241 (Supreme Court of Pennsylvania, 1986)

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Bluebook (online)
507 A.2d 1241, 352 Pa. Super. 303, 1986 Pa. Super. LEXIS 10341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnabel-associates-inc-v-t-m-interiors-inc-pa-1986.