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GREGORY T. GREENWOOD v. KRISTEN HILDEBRAND (10/01/86)

filed: October 1, 1986.

GREGORY T. GREENWOOD, APPELLANT,
v.
KRISTEN HILDEBRAND



Appeal from the Judgment of the Court of Common Pleas, Civil Division of Dauphin County at No. 2721 S 1983.

COUNSEL

David L. Lutz, Harrisburg, for appellant.

James L. Goldsmith, Harrisburg, for appellee.

Wickersham, Brosky and Watkins, JJ.

Author: Wickersham

[ 357 Pa. Super. Page 256]

Gregory T. Greenwood appeals from the judgment entered in his favor by the Court of Common Pleas of Dauphin

[ 357 Pa. Super. Page 257]

County following a trial by jury in this personal injury action.

On July 24, 1981, appellant, then a summer intern at the Lebanon Veterans' Administration Hospital, Lebanon, was travelling east on West Chocolate Avenue (U.S. Route 422) in Hershey. He was stopped in a line of traffic at a red light when his vehicle was rear ended by a vehicle driven by appellee, Kristen Hildebrandt. As a result, appellant's vehicle was forced into the rear of the vehicle preceding it.*fn1 Appellee admitted that she failed to see appellant's vehicle or stop in time, although there was conflicting testimony at trial as to how fast she was travelling at the time of the collision.

As a result of the impact, appellant was forced forward into the steering wheel and dashboard, suffering injuries to his neck, left shoulder, and left arm. Shortly after the accident, appellant drove to the Hershey Medical Center, where he was treated and released. Appellant was seen on three other occasions at the Hershey Medical Center during the remainder of the summer of 1981, each time as an outpatient. At the conclusion of the summer, appellant returned to Ohio where he resumed his graduate studies at Bowling Green State University. There he sought further treatment for his injuries from various medical personnel. Eventually a diagnosis of thoracic outlet syndrome was made, and in October 1982, appellant was hospitalized for five days to undergo an unsuccessful rib resection. Thereafter he continued to receive periodic inpatient and outpatient treatment in both Bowling Green and Indianapolis, Indiana, where he moved in August 1983.

On July 22, 1983, appellant commenced the instant suit for damages stemming from the injuries he had received in the accident. A jury trial held from March 4-6, 1985 resulted in an award in his favor in the amount of $7,500.00. On March 15, 1985, appellant filed a motion for a new trial,

[ 357 Pa. Super. Page 258]

    which was denied on July 1, 1985. Following the entry of judgment on the verdict, appellant filed this timely appeal.

Appellant raises the following three issues before us:

1. Did the trial court err in ruling that Dr. Greenwood was not a domiciliary of Ohio, thereby excluding evidence of Dr. Greenwood's total ...


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