Kravinsky v. Glover

• Decision Date: 19 January 1979
• Citation: 396 A.2d 1349,263 Pa.Super. 8
• Parties: Irving KRAVINSKY and Reeda Kravinsky, Appellees, v. Roscoe GLOVER, Appellant.
• Court: Pennsylvania Superior Court

396 A.2d 1349

263 Pa.Super. 8

Irving KRAVINSKY and Reeda Kravinsky, Appellees, v. Roscoe GLOVER, Appellant.

Superior Court of Pennsylvania.

January 19, 1979

Argued Sept. 11, 1978. [Copyrighted Material Omitted]

Douglas P. Coopersmith, Philadelphia, for appellant.

Lawrence Flick, Philadelphia, for appellees.

Before PRICE HESTER and HOFFMAN, JJ.

HOFFMAN Judge:

Appellant contends that the lower court erred in (1) qualifying a behavior therapist as an expert on causation, (2) finding that the therapist's testimony was sufficient to establish causation, and (3) admitting certain bills of expenses into evidence and, as a result, refusing to grant a new trial on damages because the verdict was excessive. We find that $330 of expenses were improperly admitted and, accordingly, direct that the judgment in favor of appellee be reduced by that amount. In all other respects, we affirm the order of the lower court.

On May 22, 1970, at approximately 8:00 a. m., the automobile driven by appellant Glover collided with the automobile in which appellee Reeda Kravinsky was a passenger. On April 19, 1972, Reeda Kravinsky filed a complaint in trespass alleging that appellant's negligent operation of his car caused the collision and that as a result, she suffered certain physical injuries, pain and suffering, mental anguish, loss of earnings, acute anxiety, and "aggravation of a pre-existing emotional disorder with development of severe phobia." ^[1] On March 31, 1977, the lower court, in a nonjury trial, heard testimony, initially on damages and then on liability.

After appellant waived objection to Dr. Donald Stoltz's qualifications as a treating osteopathic physician, Dr. Stoltz testified that, on May 22, 1970, he examined Reeda Kravinsky and diagnosed her condition as:

"A. . . . Contusion of the right knee and leg. Contusion of the right arm and elbow with marked discoloration and swelling.

"Acute cervical sprain with cervical and thoracic myositis and muscular spasm. Acute low back sprain with marked lumbar myalgia. Post-traumatic headaches and vertigo. Acute anxiety."

Dr. Stolz sent Mrs. Kravinsky to a Dr. Anthony Borden for x-ray studies of her cervical spine, dorsal spine, right shoulder and arm. On the basis of what the Kravinskys told him about the collision, his physical examination of Mrs. Kravinsky, and Dr. Borden's report on her x-rays, Dr. Stoltz prescribed a course of treatment for Mrs. Kravinsky of physical therapy specifically, diathermy, ultrasound, and manipulation and drug therapy analgesics, muscle relaxants, anti-inflammatory enzymes, sedatives and tranquilizers for Mrs. Kravinsky's "anxiety, as far as the fear that she had . . .;" Dr. Stoltz did not describe the anxiety in more detail or identify the object of her fear. He further testified that, based on his physical examinations of Mr. and Mrs. Kravinsky and what they told him about the collision, he "would say that the injuries that they suffered from were sustained in an automobile accident on the date of the incident."

Dr. Stoltz treated Mrs. Kravinsky in his office on 34 occasions, the last visit occurring on September 8, 1970; he charged her $15 for the initial visit and $6 for each visit thereafter, for a total bill of $213. Over appellant's objection, Dr. Stoltz identified Dr. Borden's $90 medical bill for the x-ray studies performed on Mrs. Kravinsky at his request; Dr. Borden did not testify. The court admitted into evidence both Dr. Stoltz's bill and, over appellant's objection, Dr. Borden's bill.

Over appellant's objection, the lower court ruled that the second witness, Dr. L. Michael Ascher, a behavior therapist, ^[2] was qualified ^[3] to testify as an expert psychologist. He testified that he treated Mrs. Kravinsky, unsuccessfully, in 10 sessions from November 25, 1975 to February 24, 1976, using a desensitization technique. ^[4] Each session cost $50, for a total of $500. During his initial interview with Mrs. Kravinsky on November 25, 1975, Dr. Ascher obtained her general history but focused on her driving behavior and driving-related incidents. From this history, he learned that in March 1970, the brakes in her car failed while she was driving. This experience upset her, and, although she continued to drive in an efficient manner, she sought the assistance of a psychologist shortly thereafter. Immediately after the collision on May 22, 1970, she did not drive at all for some period of time. When Dr. Ascher saw her in November 1975, Mrs. Kravinsky was driving occasionally but always "at a very slow speed . . . ten to fifteen miles per hours because anxiety in driving elicited this in her and she would have to stop frequently to allow the anxiety to dissipate . . . ." On the basis of this history, Dr. Ascher diagnosed that Mrs. Kravinsky suffered from driving phobia. He defined a phobic reaction as "a set of anatomic responses and a set of anxieties, made to a stimulus which is not a clear danger." Specifically, he found that Mrs. Kravinsky "had an anxiety response when she thought about driving, when she looked at the car. Even when she sat in the car as a passenger she had an anxiety response. . . . a phobic response."

Based upon the above history and his observation of Mrs. Kravinsky, Dr. Ascher formed the following opinion as to the cause of her driving phobia:

"A. I felt that a significant cause was the accident of May (22), 1970."

On cross-examination, Dr. Ascher amplified:

"Q. If there were such a mishap between May 22, 1970, and the time you saw Mrs. Kravinsky, in your expert opinion do you think that would have some bearing on her anxieties?

"A. It was my opinion that her behavioral difficulty obviously began on May 22, as a result of that accident.

"Q. Didn't you just say that she had anxieties about driving from the prior accident?

"A. Yes, but she was driving.

"A. (Continuing) She was driving in an efficient manner before that time.

"Q. You did say, in response to counsel's question, what affect did the accident of May 22 have on Mrs. Kravinsky, your answer was, and I quoted you on that, 'It was a significant cause.' Not the cause, but a significant cause.

"What does that mean?

"A. That means that there are many factors that influence any particular any behavior in any particular human being. So it would go beyond my abilities to say what the exact cause of a specific problem was.

"Q. In other words, what you are saying is what causes her fear of driving you don't know?

"A. No, I didn't say that.

"A. What I am saying is that I can tell you the things that contributed to Mrs. Kravinsky's problem. It was obvious to me that there was not one overriding factor, but that there were other related problems.

"Q. What were those related problems?

"A. Well, the difficulty she had on March

MR. ELASH: 1970.

"A. (Continuing) 1970.

"Q. That is one?

"A. That is one.

"Q. Were there others?

"A. I couldn't see any others, no."

Mr. and Mrs. Kravinsky then testified about the collision, their injuries, and the treatment they received. Concerning the collision, they both testified that appellant's car came from a cross street and rammed into their car while they were proceeding in an intersection on a green light. The impact of the collision spun the Kravinskys' car around, throwing them about inside and injuring them. Mrs. Kravinsky described her physical injuries and Dr. Stoltz's treatment. She did not testify that she ever discussed her driving phobia with Dr. Stoltz. She did not complain of any continuing physical problem. Both Mr. and Mrs. Kravinsky testified that she was a little apprehensive and over-cautious in her driving after the brake failure in March 1970. Immediately after the May 22, 1970 accident, however, she felt "panic-stricken fear" about driving. She refused to enter a car for periods of several weeks. Later, she allowed herself to be driven and attempted, on occasion, to drive herself. At the time of trial, Mrs. Kravinsky drove only when she had to, when she could not obtain a taxi or a ride from her family or friends, and only at off hours and on back streets, where she could drive at 10 to 15 miles per hour and could stop frequently. Her job as a school administrator required her to travel to various schools; when she had to drive herself to these schools, she felt nervous and humiliated.

Mrs. Kravinsky testified that she sought help for her psychological condition from a number of specialists, all to no avail. ^[5] Over appellant's objection, she identified bills from all of these specialists, except Dr. Ascher. None of these specialists testified, except Dr. Ascher. Neither Dr. Stoltz nor Dr. Ascher made any comment on the treatment given by the nontestifying specialists or on the resulting expenses. The lower court, over appellant's objection, admitted the following bills into evidence: (a) from Dr. Louis Gershman, a behavior therapist, two bills, for a total of $110 for four sessions soon after the May 22, 1970 collision; (b) from the American Institute of Hypnotherapy, $150 for six sessions from July 9, 1970 to July 29, 1970; and (c) from Dr. Hans Abraham, $70 for four sessions of hypnosis from October 13, 1973 to December 24, 1973. ^[6]

Appellant presented no testimony or documentary evidence to rebut either liability or damages. On May 3, 1977, the lower court rendered a verdict in favor of appellee Reeda Kravinsky against appellant for $9000. On June 21, 1977, the lower court dismissed appellant's exceptions. This appeal followed.

Preliminarily we note that, although Mrs. Kravinsky's aggravated condition ^[7] manifested itself very soon after the accident when she refused to enter any automobile for several weeks, we do not think that driving phobia is such...