Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

JANICE F. STOUGHTON v. GEORGE D. KINZEY (05/21/82)

filed: May 21, 1982.

JANICE F. STOUGHTON, APPELLANT,
v.
GEORGE D. KINZEY, AN INDIVIDUAL, AND C. RAYMALEY HAULING CONTRACTORS, A/K/A C. RAMALEY HAULING CONTRACTORS AND C. RAYMALEY, A/K/A C. RAYMALEY, T/D/B/A C. RAYMALEY CONTRACTORS, A/K/A C. RAMALEY HAULING CONTRACTORS



No. 643 Pittsburgh, 1980, APPEAL FROM THE ORDER OF MAY 7, 1980 IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, CIVIL ACTION, LAW No. 3911 of 1974.

COUNSEL

Dante G. Bertani, Public Defender, Greensburg, for appellant.

Rabe F. Marsh, III, Greensburg, for appellees.

Brosky, Cirillo and Popovich, JJ.

Author: Cirillo

[ 299 Pa. Super. Page 501]

This is an appeal from an order of the Westmoreland County Court of Common Pleas ordering appellant, Janice F. Stoughton to grant appellee Ramaley Hauling Contractors a remittitur in the amount of $17,000.00 from a jury verdict of $25,000.00, or suffer a new trial. Because the trial court abused its discretion in ordering the remittitur, the order will be reversed and the jury verdict of damages in the amount of $25,000.00 will be reinstated.

On the morning of December 15, 1972, appellant's car crashed into the back of appellee's garbage truck. She sustained severe injuries to her head, chest and stomach, elbows and left knee. She was scalped and the skin on the top of her head was peeled back. This left a permanent and visible scar running from left to right across the front of her head near the hairline. She also sustained permanent and visible scars on her right eye and forehead from cuts sustained in the accident. These scars were shown to the jury. In addition, she suffered cut elbows and bruises on her stomach and chest. She had a lump in her stomach the size of her fist which took six months to recede. Her left knee was fractured, and she was on crutches for six weeks after the cast was removed. She walked with a limp for a year and her knee still causes her pain when she cleans refrigerators in the meat packing plant where she presently works. Due to her head injuries, she was not permitted to wash her hair for a month, even though it was caked with blood. Because she was unable to climb the stairs to her bedroom, she had to spend two months on the couch in the living room of her parent's home. She testified that this caused her great embarrassment. Due to her injuries, she was not able to participate in her favorite sports for a period of one year. She still suffers from headaches.

[ 299 Pa. Super. Page 502]

Appellant brought an action in trespass against appellee alleging that appellee was negligent in parking its truck on the highway without adequate lights, and that this is what caused her injuries.*fn1 On October 16, 1978, a jury found appellee negligent and awarded appellant $25,000.00 in damages for medical expenses, pain and suffering, disfigurement and embarrassment.*fn2 Appellee then filed a motion for a new trial alleging that the damages awarded were excessive. The lower court agreed with this contention and on May 7, 1980, ordered appellant to file a remittitur in the amount of $17,000.00 within twenty days or to suffer a new trial. Appellant did not file the remittitur and this appeal followed.

The sole issue raised by the appellant is whether the lower court abused its discretion by ordering appellant to file the remittitur.

The issue of the amount of damages that a person is to be awarded for pain and suffering, both past and future, is primarily a jury question. James v. Ferguson, 401 Pa. 92, 96-7, 162 A.2d 690, 692, 693 (1960). It is the duty of the trial court to enforce the jury's verdict unless the circumstances cry out for judicial interference. Prather v. H-K Corp., 282 Pa. Super. 556, 423 A.2d 385, 389 (1980). A verdict, if supported by the evidence, must be permitted to stand where there is nothing to suggest that the jury was in any way guided by partiality, prejudice, mistake or corruption. In such a case, an order of remittitur, which brings the verdict below the amount awarded by the jury is error and must be reversed. Id. A jury is justified in awarding substantial damages for pain and suffering where the injuries are permanent and cause pain. Bell v. Yellow Cab Co., 399 Pa. 332, 337-39, 160 A.2d 437, 439-40 (1960).

[ 299 Pa. Super. Page 503]

In determining whether a jury's award of damages is supported by the evidence, the following ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.