Zeigler v. Detweiler

835 A.2d 764, 2003 Pa. Super. 404, 2003 Pa. Super. LEXIS 3717
CourtSuperior Court of Pennsylvania
DecidedOctober 28, 2003
StatusPublished
Cited by13 cases

This text of 835 A.2d 764 (Zeigler v. Detweiler) 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
Zeigler v. Detweiler, 835 A.2d 764, 2003 Pa. Super. 404, 2003 Pa. Super. LEXIS 3717 (Pa. Ct. App. 2003).

Opinions

DEL SOLE, P.J.

¶ 1 This is an appeal from a trial court order granting a motion for a new trial limited to the issue of general damages.1 Appellee sought damages for injuries she alleged she sustained in an automobile accident. The jury returned a verdict for Appellee on the issue of negligence and found that Appellants’ negligence was a substantial factor in causing Appellee’s injuries. In answer to a special interrogatory the jury awarded Appellee her medical expenses, but made no award for pain and suffering. The trial court later granted Appellee’s request for a new trial on damages. We affirm.

¶ 2 The underlying action was initiated by Appellee following an automobile, accident between the vehicle she was driving and a delivery van driven by Appellant-Detweiler2 in the course of his employment with Appellant-Flower Shop of Hummelstown. The two vehicles were stopped at a red traffic light headed in opposite directions. When the light turned green Appellant made a left hand turn across the intersection and in front of Appellee, resulting in a collision. Appellee claimed that as a result of the collision she suffered injuries which required her to undergo a course of treatment that included epidural injections and back surgery. Appellee’s experts at trial testified that the accident aggravated Appellee’s spinal sten-osis and degenerative disc disease, necessitating her later surgery. Appellants’ experts did not concede that the Appellee had sustained an injury or aggravation of any existing conditions as a result of the accident. They opined that the natural advancement of her previous condition necessitated the later surgery.

¶ 3 The jury found that Appellants were negligent and that this negligence was a substantial factor in causing Appellee’s injury. The jury was asked two separate questions regarding damages. It was asked to set a figure for damages for “Past & Future medical/prescription expenses,” and fixed that number at $5,222.14. It was asked separately to set an amount for “Past, Present & Future pain and suffering, loss of life’s activities, enjoyment of [767]*767life, emotional distress, embarrassment and humiliation,” and fixed that value at zero. Appellants filed post-trial motions which the trial court granted, awarding a new trial limited to the issue of general damages.

¶ 4 On appeal, Appellants set forth three issues:

1.) Did the Lower court commit an error of law and abuse its discretion in over turning [sic] the jury’s verdict awarding zero dollars for pain and suffering where the Defendants had disputed liability and also disputed the issue of whether Plaintiff sustained any injury, and the jury had been instructed that they could return a compromise verdict?
2.) Did the Plaintiff waive her right to complain of error when Plaintiff failed to take a specific exception to the Court’s charge that the jury could return a compromise verdict?
3.) Did the Lower court commit an error of law and abuse its discretion in awarding a new trial limited to the issue of general damages?

Appellants’ Brief at 3.

¶ 5 Trial courts have broad discretion to grant or deny a new trial. Harman ex rel. Harman v. Borah, 562 Pa. 455, 756 A.2d 1116, 1121 (2000). “[W]hen analyzing a decision by a trial court to grant or deny a new trial, the proper standard of review, ultimately, is whether the trial court abused its discretion.” Id. at 1121. Absent a clear abuse of discretion by the trial court, an appellate court must not interfere with the trial court’s authority to grant or deny a new trial. Id. at 1122. When determining whether the trial court abused its discretion, the appellate court must confine itself to the specific reasons given by the trial court for its ruling. Id. An appellate court may reverse the trial court’s decision only if it finds no basis on the record to support the reasons offered by the trial court. Id. at 1123. If support for the decision of the trial court is found in the record, the order must be affirmed. Commonwealth ex rel. Meyers v. Stern, 509 Pa. 260, 501 A.2d 1380, 1382 (1985). “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.” Harman, 756 A.2d at 1123. An abuse of discretion will not be found where an appellate court simply concludes that it would have reached a different result than the trial court. Id. If the record adequately supports the trial court’s reasons and factual basis, an appellate court may not conclude the court abused its discretion. Id.

¶ 6 Appellants first challenge the trial court’s ruling awarding a new trial. They claim that a new trial was not warranted in this case where they had disputed liability and had questioned whether Appellee had sustained any injury. In support of their position Appellants cite to Davis v. Mullen, 565 Pa. 386, 773 A.2d 764 (2001), where the Supreme Court upheld a trial court’s refusal to disturb a jury verdict which awarded the plaintiff medical expenses but no compensation for pain and suffering.

¶ 7 In Davis, the plaintiff claimed he had sustained injures after a head-on collision with another vehicle. A jury awarded the plaintiff medical expenses, but nothing for pain and suffering. The plaintiff filed a post-trial motion seeking a new trial, which the trial court denied. The Superior Court reversed the trial court and ordered a new trial. Upon review by the Supreme Court, the Superior Court’s decision was reversed, with the Court concluding that the trial court properly exercised its discretion when it denied the motion for new [768]*768trial. The Supreme Court specifically rejected the Superior Court’s application of a per se rule precluding a jury from awarding medical expenses without damages for pain and suffering.

¶ 8 The Court in Davis held that:

[A] jury’s award of medical expenses without compensation for pain and suffering should not be disturbed where the trial court had a reasonable basis to believe that: (1) the jury did not believe the plaintiff suffered any pain and suffering, or (2) that a preexisting condition or injury was the sole cause of the alleged pain and suffering.

Id. at 767.

¶ 9 The Supreme Court also cautioned trial courts to explain why they believe a jury’s verdict was unjust if awarding a new trial. Id. at 768. This explanation can aid an appellate court’s review which must recognize that “the responsibility for controlling the amount of a verdict is vested with the trial court, which is in a better position than an appellate court to assess the facts in the context of the atmosphere surrounding the case and thereby to ensure justice.” K.H. & D.A.H. v. J.R. & N.R., 573 Pa. 481, 826 A.2d 863, 875 (2003) citing Davis v. Mullen, 565 Pa. 386, 773 A.2d 764.

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Zeigler v. Detweiler
835 A.2d 764 (Superior Court of Pennsylvania, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
835 A.2d 764, 2003 Pa. Super. 404, 2003 Pa. Super. LEXIS 3717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zeigler-v-detweiler-pasuperct-2003.