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FAUCEGLIA v. HARRY (11/13/62)

November 13, 1962

FAUCEGLIA
v.
HARRY, APPELLANT.



Appeal, No. 183, March T., 1962, from order of Court of Common Pleas of Mercer County, March T., 1960, No. 56, in case of Edward Fauceglia and Florence Evenlyn Fauceglia, his wife, v. Floyd Harry. Order reversed.

COUNSEL

George Hardy Rowley, with him Voorhies, Dilley, Keck & Rowley, for appellant.

Donald R. McKay, with him Martin E. Cusick, and Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.

Author: Cohen

[ 409 Pa. Page 156]

OPINION BY MR. JUSTICE COHEN

Appellees, Edward Fauceglia and Florence Evelyn Fauceglia, his wife, brought an action of trespass for personal injuries allegedly suffered by the husband as a result of a collision with appellant's vehicle.

As a result of the accident, Fauceglia claimed he suffered back and neck pains as well as headaches. On cross-examination he denied having any trouble with his back or with headaches prior to the accident of sufficient severity to require medical treatment. He specifically stated that he consulted no physician while in the service regarding headaches or backaches, and that he never had his back X-rayed before the accident.

Appellant introduced in evidence certain excerpts from appellee's army medical record which were produced and identified by an attorney employed by the

[ 409 Pa. Page 157]

Veterans' Administration. He testified that, under Veterans' Administration regulations, he was the custodian of its records for the purpose of appearing in court. He further testified that the army medical record of appellee was a part of the Veterans' Administration records. He stated that the entries on forms 52-A and 8-116 were made by members of the dispensary who would be either the sergeant in charge or the medical officer, after the subject had been examined. Based upon his personal experience, as well as the policy of the Veterans' Administration in accepting such records, he stated that the entries had been made by a medical officer.

Although the entire record was offered in evidence, the lower court excluded all matters of medical opinion and permitted the introduction of only such entries as could have been within the knowledge of a ...


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