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BENTIVOGLIO v. RALSTON (03/23/71)

decided: March 23, 1971.

BENTIVOGLIO, APPELLANT,
v.
RALSTON



Appeal from judgment of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1963, No. 2080, in case of Vero Bentivoglio v. James R. Ralston.

COUNSEL

Joseph V. Restifo, for appellant.

Joseph G. Manta, with him William B. Freilich, James M. Marsh, and LaBrum and Doak, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 218 Pa. Super. Page 121]

Judgment affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

On March 16, 1963 appellant was injured in an automobile accident. He was immediately taken to the hospital, where he remained for about a week. Still suffering from the accident, he reentered the hospital in May 1963, and at that time underwent an unrelated operation for a cyst of the epididymus. A jury trial was held in September 1969.

[ 218 Pa. Super. Page 122]

At trial appellant claimed a whiplash-type injury to his neck and lower back and a psychoneurotic impotence resulting from the accident. In an effort to establish causation between the accident and his alleged injuries, appellant called his personal physician and another expert witness. Appellee countered with the testimony of two doctors who had examined appellant on behalf of appellee.

At the conclusion of the testimony, the trial judge charged the jury in connection with the conflicting testimony on the physical facts surrounding the accident. He also reviewed the medical testimony and instructed that it was for the jury to decide if, and to what extent, appellant's injuries were caused ...


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