Opinion

Lambert v. PBI INDUSTRIES

  • 244 Pa. Super. 118
  • 366 A.2d 944
  • 1976 Pa. Super. LEXIS 2188
Court
Superior Court of Pennsylvania
Filed
Nov 22, 1976
Status
Published
Author
Spaeth
On the bench
Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
Cited by
37 cases
Authority
More cited than 8.8%

manufacturer should anticipate uses of product which are usual and customary in the industry

How later courts described this case

  • manufacturer should anticipate uses of product which are usual and customary in the industry

Written by the judges who cited it.

The opinion

SPAETH, Judge

(concurring and dissenting):

I dissent on the issue of damages.

Appellant Lambert offered sufficient evidence on permanent disability to get that question to the jury. See my dissent in Havens v. Tonner, 243 Pa.Super. 371 at 381 , 365 A.2d 1271 (1976). The trial judge’s charge on this point was careful and complete. Assuming that the jury found appellant permanently disabled (as they properly could have), appellant proved lost future earnings (reduced to present worth) of $355,361.76, lost past earnings of $18,803.36, and medical expenses of $4,879.74, for a total of $379,044.86. The difference between this total and the damages awarded is $120,955.14. In view of appellant’s testimony of excruciating pain, and his age (27 at the time of the accident in 1972), I do *144 not find that difference excessive as compensation for pain and suffering. In saying it was excessive, the trial judge, in my view, substituted his judgment for the jury’s. Tonik v. Apex Garages, Inc., 442 Pa. 373 , 275 A.2d 296 (1971).

The order granting a new trial as to damages should be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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