Weingrad v. Fischer & Porter Co.

47 Pa. D. & C.2d 244, 1968 Pa. Dist. & Cnty. Dec. LEXIS 76
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedApril 11, 1968
Docketno. 3411
StatusPublished
Cited by3 cases

This text of 47 Pa. D. & C.2d 244 (Weingrad v. Fischer & Porter Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weingrad v. Fischer & Porter Co., 47 Pa. D. & C.2d 244, 1968 Pa. Dist. & Cnty. Dec. LEXIS 76 (Pa. Super. Ct. 1968).

Opinion

POWER, J.,

This matter comes before the court for disposition of preliminary objections to plaintiffs complaint.

Plaintiff, in his complaint, sets forth, in two counts, two separate causes of action against defendants. The first count, based upon common-law pleading, seeks the recovery of money damages in assumpsit for the alleged breach of an employment contract. The second count, based upon the Wage Payment and Collection Law of July 14, 1961, P. L. 637, sec. 1, et seq., 43 PS §260.1 et seq., also seeks the recovery of money damages for the breach of an employment contract.

The prehminary objections filed on behalf of defendants request plaintiff to file a more specific complaint, move to strike the complaint and demur to the second count of the complaint.

The portions of plaintiffs complaint brought into focus by the motion for a more specific complaint are paragraphs 4 and 7. The aforementioned paragraphs read as follows:

“4. Plaintiff commenced employment with the corporate defendant on or about February 17, 1964 under an oral agreement which was modified by and continued by the written agreement, Exhibit ‘A’. During the period of his employment, plaintiff received from [246]*246the corporate defendant other benefits including medical, surgical, hospitalization and major medical insurance coverage and had his employment continued in accordance with the contract, would have received disability insurance protection effective August 1, 1967. . . .

“7. By reason of the corporate defendant’s violation of the contract, Exhibit A.,’ plaintiff has sustained the following damages:

“A. Loss of salary from August 1, 1967 to May 30, [sic] 1969, in the amount of $43,125.00 (Forty-three Thousand One Hundred Twenty-five Dollars).

“B. Loss of use of a four-door Oldsmobile Delta hardtop with air conditioning plus complete service, insurance, gasoline and oil from the time of termination to May 30, [sic] 1969.

“C. Hospitalization, medical, surgical and major medical insurance benefits in protection from August 1, 1967 to May 30, [sic] 1969.

“D. Disability insurance protection and benefits from August 1,1967 to May 30, [sic] 1969.

“E. Moving and relocation expenses incurred in finding other employment.

“F. Damages to his professional reputation as a result of the corporate defendant’s unwarranted termination of his agreement.”

Paragraph 9 of plaintiffs complaint alleges that he had made a demand upon the corporate defendant for payment of damages as set forth above. However, paragraph 9 does not state what that demand was and, further, the ad damnum clause does not make a demand of a specific amount of money damages, but recites only a claim against the corporate defendant in an amount in excess of $10,000.

As a general proposition of law, the pleading of damages should be done with as much detail as is possible: 11 P. L. Encyc., Damages, §121. General [247]*247or ordinary damages, which are the usual and ordinary consequences of the wrong done, may be proved without being specially pleaded, or they may be pleaded generally: 11 P. L. E., Damages, §122. This is not to say that general damages will not be required to be pleaded with specificity, inasmuch as the courts of this Commonwealth have consistently held that there must be a degree of particularity in the pleading of damages in order to enable the parties to intelligently prepare for trial: Stoll v. Andreadis, 60 D. & C. 577, 579.

A review of the complaint which has been filed in this action would indicate that the general relief and general damages, to which plaintiff would be entitled upon proper proof, are in the nature of damages for the loss of wages and fringe benefits resulting from the breach of the employment contract for the period during which plaintiff remained unemployed, together with any difference or differential in the wages and fringe benefits for the balance of the period covered by the employment contract. These items can be reduced to a liquidated sum for the balance of the contract subject to reduction at the time of trial or settlement of this matter as the result of plaintiff s mitigation of same.

Inasmuch as exhibit “A(l),” the written contract of employment, provides only for the yearly salary to be paid to plaintiff, the use of the company automobile, and sick leave and vacations, in accordance with established policies of the company, it would appear as though plaintiff, if he desires to recover for various and sundry insurance benefits provided by the company, would have to establish an oral agreement pertaining to these matters. This oral agreement would, of necessity, have to be pleaded with particularity. As it is pleaded in paragraph 4 of the present complaint, it is insufficient in particularity. There[248]*248fore, paragraphs 2, 3 and 4 of defendants’ prehminary objections, which request the filing of a more specific complaint, are hereby sustained.

Defendants’ objections to paragraph 7 of the complaint also appear to be well taken. As stated above, the general damages to which plaintiff appears to be entitled upon proper proof can and should, in the court’s opinion, be pleaded with particularity. In this regard, plaintiff could obtain the necessary information by Rule 4007(a) of the Pennsylvania Rules of Civil Procedure. This rule specifically provides that discovery is available to a party if it “will substantially aid in the preparation of the pleadings. . . .” Plaintiff cannot take the position that defendants know as well as he what the items of damages are. He is the moving party in this action, and defendants, in order to prepare their defense, are entitled to full items of damages, dates, specific statements and distinct particulars, and the complaint should show how the damages were ascertained: Borough of Kingston v. Luzerne Anthracite, Inc., 38 Luz. 197, 202.

In the natural course of events, a defendant would, of necessity, appear to have some knowledge of the facts surrounding the cause of action which plaintiff alleges. However, this does not, and never has, relieved plaintiff from pleading his full cause of action. Therefore, defendants’ prehminary objections requesting a more specific complaint, as related to paragraphs 7 (b), (c) and (d) of the complaint, are hereby sustained.

The court realizes that some confusion exists in the law as to whether the subject of damages can be properly raised by prehminary objections (Baehr v. Hagan No. 2, 76 D. & C. 251, 254), but, to the contrary, see 3 Standard Pa. Prac. 168, 169.

Paragraphs 7 (e) and 7 (f) of plaintiffs complaint allege items of special damages. Special damages [249]*249are damages that are not directly related to plaintiffs cause of action. They are not the usual and ordinary consequences of the wrong done, but depend upon special circumstances. It is well established that special damages may not be proved without averring specific facts giving rise thereto: Parsons Trading Co. v. Dohan, 312 Pa. 464, 167 Atl. 310 (1933). Plaintiffs complaint fails to plead the necessary facts which would support a recovery of the damages averred in paragraphs 7 (e) and 7 (f) of the complaint. Therefore, paragraphs 8 and 9 of defendants’ preliminary objections, requesting the filing of a more specific complaint, are hereby sustained.

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Cite This Page — Counsel Stack

Bluebook (online)
47 Pa. D. & C.2d 244, 1968 Pa. Dist. & Cnty. Dec. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weingrad-v-fischer-porter-co-pactcomplbucks-1968.