Gaita v. Pamula
| Decision Date | 16 April 1956 |
| Docket Number | 4272 |
| Citation | 122 A.2d 63,385 Pa. 171 |
| Parties | Mary Jane GAITA, Plaintiff, Appellant, v. Leonard L. PAMULA, Appellee and Vincent Gaita, Additional Defendant. |
| Court | Pennsylvania Supreme Court |
Argued March 12, 1956
Appeal, No. 131, March T., 1955, from judgment of Court of Common Pleas of Erie County, May T., 1953, No. 435, in case of Mary Jane Gaita and Vincent L. Gaita v. Leonard L. Pamula and Vincent Gaita. Judgment affirmed.
Trespass for personal injuries and property damage. Before EVANS, P.J.
Verdicts for husband-plaintiff for property damage, and for defendant as to claim of wife-plaintiff, plaintiffs' motion for new trial denied and judgments entered on the verdicts. Wife-plaintiff appealed.
Judgment affirmed.
Louis I. Schwartz, with him John A. Blackmore, Hubert I Teitelbaum and Goldstock, Schwartz, Teitelbaum & Schwartz, for appellants.
Frank B. Quinn, with him Quinn, Leemhuis, Plate & Dawyer, for appellees.
Before STERN, C.J., JONES, BELL, MUSMANNO and ARNOLD, JJ.
In this action of trespass plaintiff-wife appeals from the refusal of her motion for a new trial, but the plaintiff-husband did not appeal. The action arises out of a collision between defendant's automobile and that of plaintiff's husband in which the wife was a passenger. The husband was joined as an additional defendant.
On July 4, 1952, plaintiffs, residents of Pittsburgh, were visitors in Erie, and at the time of the accident were driving towards the motel where they were staying. The husband was driving, and occupying the front seat with him were his wife (in the middle) and his aunt on the right. As they entered an intersection at a speed of 20-25 miles per hour, the rear of the car was struck by the rear of defendant's car, which was in the process of backing into the street on which plaintiffs were proceeding. Defendant then, and has since, admitted his fault in the collision.
Although the wife-plaintiff felt no immediate pain, she later claims to have suffered great pain and injury as a result of the accident, necessitating considerable medical and hospital expense, and resulting in permanent disability. Medical testimony was presented to the effect that the injuries resulted from this accident, which was contradicted by the medical testimony of defendant.
At a prior trial of this cause, the jury awarded a verdict of $2,000.00 in favor of the wife and against both defendants, allowing her $1,027.25 for medical expenses, $800.00 for future operation, and $172.75 for pain and suffering. The court below awarded a new trial because a portion of those expenses had been claimed by the husband, which could not have been recoverable by him except that he be found free from negligence. It is to be noted that if her testimony and that of her witnesses as to her pain and suffering, medical and hospital expense, and disability, were believed, that verdict would have been clearly inadequate.
On the instant trial the jury found only for the husband for his property damage in the amount of $93.39.
Plaintiffs frankly admit that "the charge of the trial judge was eminently fair and correct and the plaintiffs do not complain of any trial error." However, plaintiff-wife contends that the verdict was contrary to the evidence, the weight of the evidence, and the law. In short, she claims that the verdict was capricious. The truth of the matter is that the jury chose to disbelieve plaintiff and her witnesses.
The evidence established that in 1945 the wife had sustained a severe fall resulting in a back injury which necessitated the removal of her coccyx bone. She was disabled for about three years, after which she returned to work. She and her witnesses testified that she had fully recovered. At the first trial the medical witnesses had suggested the possibility of a disc fracture, and prior to the second trial she underwent an operation which disclosed no such fracture. There was found,...
To continue reading
Request your trial