Opinion

Smith v. Shaffer

  • 511 Pa. 421
  • 515 A.2d 527
  • 1986 Pa. LEXIS 859
Court
Supreme Court of Pennsylvania
Filed
Sep 25, 1986
Status
Published
Author
Hutchinson
On the bench
Nix, Larsen, Flaherty, McDermott, Papadakos, Hutchinson
Cited by
27 cases
Authority
More cited than 10.3%

the trial court’s grant of a new trial was an abuse of discretion because its conclusion that the jury verdict was against the weight of the evidence “was based on its reassessment of the credibility of the witnesses, a matter exclusively within the province of the jury” (emphasis in the original)

How later courts described this case

  • the trial court’s grant of a new trial was an abuse of discretion because its conclusion that the jury verdict was against the weight of the evidence “was based on its reassessment of the credibility of the witnesses, a matter exclusively within the province of the jury” (emphasis in the original)
  • 99.99% probability of paternity not conclusive
  • tests showing 99.99% probability that party is father are not conclusive
  • exclusive province of jury to assign weight to witness’ testimony

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

dissenting.

I dissent. When considering a motion for a new trial, a trial judge, of course, should not merely substitute his judgment for the jury’s. We have stated that:

A new trial should be awarded on the ground that the verdict is against the weight of the evidence only when the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.

Burrell v. Philadelphia Electric Co., 438 Pa. 286, 289 , 265 A.2d 516, 518 (1970). Nevertheless, the decision to grant or deny a motion for a new trial is within the trial court’s discretion. Austin v. Ridge, 435 Pa. 1 , 255 A.2d 123 (1969). Indeed, we have held that it is the duty of the trial court which heard the witnesses to grant a motion for new trial if it believes the jury’s verdict is capricious or against the weight of the evidence. Burchard v. Seber, 417 Pa. 431 , 207 A.2d 896 (1965).

The HLA test is well respected and authoritative. One commentator has called it “too probative to be ignored.” 1 In holding such tests admissible, but not conclusive, Superi- or Court discussed the test’s reliability. It noted that such tests have other common applications such as matching *429 organ donors and recipients. Turek v. Hardy, 312 Pa.Superior Ct. 158, 458 A.2d 562 (1983). It is thus apparent that the medical profession relies on it in matters of life or death. Yet the majority holds a trial judge abuses his discretion if he grants a new trial because a jury ignored it.

The expert witness who presented the test results was qualified and his testimony is persuasive, if not conclusive. The trial judge had an opportunity to see and hear the witnesses. We lack this advantage. Given the strength of the expert’s testimony and the less objectively reliable testimony of the other witnesses, I would defer to Common Pleas’ judgment. I believe our trial judges in general and this one in particular exercise their duty in regard to new trial motions responsibly and conscientiously.

Thus, I would affirm Superior Court.

. McCormick on Evidence 621 (E. Cleary, 3d ed. 1984).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.