# Lambert v. PBI INDUSTRIES

> Superior Court of Pennsylvania · November 22, 1976 · 244 Pa. Super. 118

URL: https://www.frixlaw.com/law-library/cases/9701779

## Case

- **Full name:** Lynn K. LAMBERT v. PBI INDUSTRIES, a Corporation, Appellant, v. BETHLEHEM STEEL CORPORATION v. COMMONWEALTH ASSOCIATES, INC., a Corporation; Lynn K. LAMBERT, Appellant, v. P. B. I. INDUSTRIES, a Corporation, v. BETHLEHEM STEEL CORPORATION
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 22, 1976
- **Citations:** 244 Pa. Super. 118; 366 A.2d 944; 1976 Pa. Super. LEXIS 2188
- **Precedential status:** Published
- **Opinion:** Concurring in part by Spaeth
- **Judges:** Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9701779

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701779. Public record. Not legal advice.