Slappo v. J's Development Associates, Inc.

791 A.2d 409, 2002 Pa. Super. 18, 2002 Pa. Super. LEXIS 48
CourtSuperior Court of Pennsylvania
DecidedJanuary 30, 2002
StatusPublished
Cited by38 cases

This text of 791 A.2d 409 (Slappo v. J's Development Associates, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slappo v. J's Development Associates, Inc., 791 A.2d 409, 2002 Pa. Super. 18, 2002 Pa. Super. LEXIS 48 (Pa. Ct. App. 2002).

Opinion

LALLY-GREEN, J.

¶ 1 Appellant, Mary Slappo, appeals from the order entered on November 28, 2000, granting a new trial on compensatory damages only. We affirm.

¶ 2 The trial court aptly summarized the factual and procedural history of the case as follows:

*413 Slappo is the owner of a farm in Economy Borough[.] The Appellee, J’s Development Associates, Inc. (J’s Development) became the owner of property which adjoins Slappo’s farm along its easterly boundary. J’s Development undertook to establish a plan of residential building lots on its adjoining property and, for this purpose, retained Shoup Engineering to prepare a plan. Shoup Engineering did the research and field work and prepared a plan of lots which was duly recorded as the Chestnut Ridge Plan of Lots.
After the Chestnut Ridge Plan of Lots was approved and recorded, J’s Development began excavation and clearing work in preparation for the construction of homes on the lots and for the construction of a sewage treatment plant to serve the subdivision. The excavation and clearing work as well as the construction of the sewage treatment plant was undertaken in reliance upon the dividing line between the two properties as established by the survey of Shoup Engineering. The line was eventually proven to be wrong. As a result, employees and subcontractors of J’s Development had entered a portion of Slappo’s land without her permission. Slappo, through a son, protested the trespass but J’s Development continued to rely upon the line as established by Shoup’s survey. At some point, J’s Development agreed to refrain from further work in the area until the dispute[ ] was resolved.
Slappo filed her initial complaint [on January 19, 1993] which contained counts setting out causes of action to quiet title, in ejection and in trespass. Her second amended complaint set out causes of action in ejectment and in trespass. Therein, she complained that J’s Development had removed trees, excavated land so as to change the natural contour thereof, installed utility poles and cables, constructed a waste and sewage facility and removed fence posts. In the count in ejectment, Slappo sought an order which, among other things, sought the restoration of possession of the disputed area to her to the exclusion of J’s Development, the removal of improvements and damages, including damages for the wrongful taking, costs and attorney fees. In the count in trespass, she sought compensatory and punitive damages.
... At a second pretrial conference, counsel for the parties agreed to bifurcate the trial and try the issue of the correct location of the boundary line first. That issue was assigned to Honorable James E. Rowley, S.J. for trial. After several days of testimony and evidence, J’s Development agreed that the boundary line was as contended by Slap-po. This agreement was reached after Norman Shoup heard the testimony of Slappo’s engineer witness which convinced him that his survey was wrong. Thereafter, a stipulation and order was presented to Judge Rowley which established the correct boundary line.
[After the trial on damages], the jury returned a verdict in favor of Slappo in the amount of $34,276.73 for attorney fees and in the amount of $27,500.00 [for] compensatory damages. We had refused to submit the claim for punitive damages to the jury.
Both J’s Development and Slappo filed motions for post-trial relief. J’s Development sought a new trial or a remittitur contending that Slappo’s evidence as to damages was inadequate and that we erred in admitting evidence as to Slappo’s attorney fees and submitting them to the jury to consider in awarding damages. Slappo’s motion for post-trial relief sought a new trial, limited to the *414 issue of compensatory and punitive damages in the event we granted post-trial relief to J’s Development. In particular, Slappo complained about several of our rulings relating to proffered evidence on the issue of compensatory damages and complained that we refused to submit the issue of punitive damages to the jury-

Trial Court Opinion, 1/23/01, at 1-3. The trial court granted a new trial as to compensatory damages, and denied the parties’ post-trial motions in all other respects. This appeal by Slappo followed. J’s Development did not file a cross-appeal.

¶ 3 Appellant raises four issues on appeal:

1. Whether the trial court abused its discretion or erred as a matter of law in granting Appellee’s motion seeking a new trial limited to compensatory damages?
2. Whether the trial court erred as a matter of law in not granting Appellant’s motion to mold [the] verdict and add delay damages?
3. Whether the trial court erred as a matter of law in refusing to admit evidence in support of Appellant’s punitive damages claim and not allowing the jury to consider that issue?
4. Whether the trial court erred as a matter of law or abused its discretion in refusing admission of (a) expert testimony that a portion of the land had been rendered unusable and valueless, and (b) evidence of value of the destroyed trees?

Appellant’s Brief at 3.

¶ 4 First, Appellant argues that the trial court erred by granting a new trial limited to compensatory damages only. When deciding to grant or deny a new trial, the trial court must first engage in a two-part analysis: (1) whether a mistake occurred at trial; and (2) whether the mistake was prejudicial to the moving party. Harman v. Borah, 562 Pa. 455, 756 A.2d 1116, 1122 (2000).

¶ 5 If the trial court identified a finite number of mistakes in deciding to grant a new trial, this Court’s scope of review is limited to those particular issues. Id. at 1123. After identifying the particular issues to review, this Court will then review the trial court’s decision as to the existence of a mistake. Our standard of review depends on the nature of the mistake at issue. Id. If the mistake involved a discretionary matter, our review is for an abuse of discretion; if the mistake involved a legal error, we review for an error of law. Id.

¶ 6 Finally, if this Court agrees with the trial court that a mistake was made, we review the court’s decision to grant a new trial as a result of this mistake and review the court’s decision for an abuse of discretion. Id. at 1122. We observe that an:

abuse of discretion exists when the trial court has rendered a judgment that is manifestly unreasonable, arbitrary, or capricious, has failed to apply the law, or was motivated by partiality, prejudice, bias, or ill will. A finding by an appellate court that it would have reached a different result than the trial court does not constitute a finding of an abuse of discretion. Where the record adequately supports the trial court’s reasons and factual basis, the court did not abuse its discretion.

Id. at 1124.

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Cite This Page — Counsel Stack

Bluebook (online)
791 A.2d 409, 2002 Pa. Super. 18, 2002 Pa. Super. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slappo-v-js-development-associates-inc-pasuperct-2002.