No. 2781 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Philadelphia County at No. 4832, May Term, 1972.
Richard A. Kraemer, Philadelphia, for appellant.
Joseph W. Fullem, Jr., Philadelphia, for appellees.
Price, Watkins and Hoffman, JJ.
[ 280 Pa. Super. Page 354]
Appellants contend that the introduction at trial of certain inadmissible evidence was not sufficiently prejudicial to appellee to warrant the granting of a new trial. We disagree and, accordingly, affirm the order of the lower court.
[ 280 Pa. Super. Page 355]
On September 2, 1971, appellee Mary Margaret Kelly was injured when the motorcycle on which she was a passenger collided with an automobile at an intersection in Philadelphia. Seeking to recover for her injuries, Ms. Kelly brought this action in trespass against Joseph E. Buckley, the driver of the motorcycle; appellant Debra A. Cullen, the driver of the automobile; and appellant Theresa Cullen, the owner of the automobile. Subsequently, the original defendants joined the City of Philadelphia as an additional defendant. At trial Ms. Kelly called as a witness Patrolman Harry Cosgrove of the Philadelphia Police Department. Patrolman Cosgrove had investigated the accident, but he did not actually witness it. On cross-examination the following exchange occurred between counsel for the City and Patrolman Cosgrove:
Q Officer, did you make any-any notes on your 86 form as to the contributing circumstances to this accident?
A Vehicle number two [the designation given at trial to Mr. Buckley's motorcycle] failed to yield the right of way.
Counsel for Ms. Kelly promptly requested the court to withdraw a juror and declare a mistrial. The court refused, but issued an instruction cautioning the jury to "ignore . . . Officer Cosgrove's impressions . . . about things that he didn't see." A short time later Ms. Kelly called as a witness Officer William McDowell of the Philadelphia Police Department, another investigating officer who had not actually witnessed the ...