# Kemp v. Philadelphia Transportation Co.

> Superior Court of Pennsylvania · March 29, 1976 · 239 Pa. Super. 379

URL: https://www.frixlaw.com/law-library/cases/9712713

## Case

- **Full name:** Kemp v. Philadelphia Transportation Company, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 29, 1976
- **Citations:** 239 Pa. Super. 379; 361 A.2d 362; 1976 Pa. Super. LEXIS 1911
- **Precedential status:** Published
- **Opinion:** Concurring in part by Spaeth
- **Judges:** Spaeth, Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth
- **Cited by:** 46 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/9712713

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9712713. Public record. Not legal advice.