Opinion

Kemp v. Philadelphia Transportation Co.

  • 239 Pa. Super. 379
  • 361 A.2d 362
  • 1976 Pa. Super. LEXIS 1911
Court
Superior Court of Pennsylvania
Filed
Mar 29, 1976
Status
Published
Author
Spaeth
On the bench
Spaeth, Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth
Cited by
46 cases

finding damage award of$15,000 excessive where woman complained of knee and back pain but there was no objective medical evidence, no evidence of permanency, no evidence of lost earning capacity, and whose out-of-pocket expense were only $535

How later courts described this case

  • finding damage award of$15,000 excessive where woman complained of knee and back pain but there was no objective medical evidence, no evidence of permanency, no evidence of lost earning capacity, and whose out-of-pocket expense were only $535

Written by the judges who cited it.

The opinion

Concurring and Dissenting Opinion by

Spaeth, J.:

I join the majority’s conclusion that when the record is viewed in light of the pertinent cases, the verdict must be found excessive. I dissent, however, from the decision to reduce the verdict to $10,000. In a case of this sort it seems to me that to arrive at a fair figure one must see the witnesses. I would therefore remand for a trial limited to damages. Although it is true that the case is an old one, it does not appear that the delay consequent *387 upon such a remand would prejudice the parties. In fact, it might well enable the trier to have a better perspective on how serious the injuries were, as shown for example by plaintiffs work and medical records, which would be documentary evidence.

Hoffman, J., joins in this opinion.

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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