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SUZANNE S. WILLIAMS v. SHARON M. DULANEY (07/06/84)

filed: July 6, 1984.

SUZANNE S. WILLIAMS
v.
SHARON M. DULANEY, APPELLANT. SUZANNE S. WILLIAMS, APPELLANT V. SHARON M. DULANEY



No. 345 Harrisburg 1982, No. 348 Harrisburg 1982, Appeals from the Order of the Court of Common Pleas, Civil Division, of York County at No. 80-S-1580.

COUNSEL

Donald B. Hoyt, York, for Dulaney, appellant (at No. 345) and appellee (at No. 348).

William B. Anstine, Jr., York, for Williams, appellant (at No. 348) and appellee (at No. 345).

Wickersham, Del Sole and Montemuro, JJ.

Author: Wickersham

[ 331 Pa. Super. Page 377]

Before us are cross-appeals from an order of the Court of Common Pleas of York County (1) denying Ms. Dulaney's motions for a new trial or judgment non obstante veredicto, (2) denying Ms. Williams' motion for additur, and (3) entering judgment on the molded verdict plus delay damages in favor of Ms. Williams in the amount of $78,138.20, plus interest. We affirm in part and reverse in part.

On September 8, 1979, the parties were involved in an automobile accident at the intersection of Route 94 and Sunset Drive in York County. Ms. Williams, who suffered personal injuries as a result of the accident, filed her complaint on April 28, 1980. Trial before a jury was held from February 23-25, 1981. The jury, which was given a set of nine (9) interrogatories to answer, found Ms. Dulaney to have been 100% negligent and awarded Ms. Williams $90,000.00 in damages. Following the trial, Ms. Dulaney filed motions for a new trial and for judgment non obstante veredicto. Ms. Williams filed a motion for additur. On December 10, 1981, the court entered orders (1) molding the verdict by deducting $15,000.00 to reflect the maximum amount that could be awarded to Ms. Williams for lost income under the No-Fault Act,*fn1 and (2) adding delay damages of $6,291.72 to the $75,000.00 molded verdict. The parties' post-trial motions were denied on Oct. 4, 1982 and judgment was entered on the molded verdict plus delay damages. These cross-appeals timely followed.

Ms. Dulaney raises the following issues for our consideration:

[ 331 Pa. Super. Page 378]

I. Whether the Trial Court erred in not deciding the No-Fault thresholds itself, and in favor of the Defendant?

II. Whether the Trial Court erred in allowing testimony on permanent loss of earning capacity under the circumstances of the case?

III. Whether the Trial Court erred in refusing to strike the testimony of Plaintiff's psychiatrist?

IV. Whether a $90,000.00 total verdict for an injury such as this is excessive?

Brief for Appellant at 3. To these issues, Ms. Williams, the verdict winner above, adds one more:

V. Whether the trial court erred in molding the jury's verdict by deducting $15,000.00 ...


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