Black v. Yellow Cab Co.
Black v. Yellow Cab Co.
Opinion of the Court
Opinion
Order affirmed.
Dissenting Opinion
Dissenting Opinion by
Plaintiff, William E. Black, was a passenger in a Yellow Cab on September 25, 1962. At the intersection of Haverford Avenue and 53rd Street, Philadelphia, the Yellow Cab struck another car. As a result of the impact, plaintiff was thrown from the back seat into the front seat and was knocked unconscious. He was taken in an unconscious state to the Misc.icordia Hospital, and after regaining consciousness, complained of severe pain in the chest, left shoulder, left and right arm, abdomen, and back. He was examined at the hospital and sent home.
After arriving home, plaintiff called his family physician, Dr. Walton B. Johnson, because he was still in pain. Dr. Johnson went to plaintiffs home, examined him, and sent him back to the hospital, where he was admitted to the ward service.
Dr. Johnson’s diagnosis, upon examining plaintiff at his home, was that he was suffering from a pneumo-
On October 10,1962, the hospital performed an open thoracotomy, and that operation showed that plaintiff had not suffered a pneumothorax, but rather, an em-physematous bulla. Plaintiff was kept in the intensive care unit three or four days and was finally released from the hospital on October 24, 1962.
In the court below, plaintiff contended, inter alia, that the accident caused a giant emphysematous bulla or a traumatic pneumothorax, or aggravated a preexisting condition. Defendant averred that the accident neither produced nor contributed to any of those results. Plaintiff’s stated special damages were in excess of $2,300.00 and he lost approximately $2,300.00 in earnings during this period of incapacitation.
This case was tried without a jury, and the lower court made a finding in favor of plaintiff in the amount of $2,000.00 against all defendants. Plaintiff filed exceptions specifically alleging that the verdict was inadequate. The court en banc dismissed the exceptions and from their dismissal, this appeal has been taken.
Plaintiff’s major contention is that the award below was patently insufficient and unconscionably low. The Court below, it must be noted, did not determine what portion of the medical losses were attributable
Notwithstanding the award made in this case, it is my opinion, after a comprehensive review of the record, that the lower court erred in not finding a causal link between the accident on September 25, 1962 and the subsequent medical problems suffered by the plaintiff.
Prior to the accident, plaintiff was employed as a bartender which brought him into contact with food products. Accordingly, the Philadelphia Department of Health required him to submit to periodic x-ray examinations of the chest for the purpose of detecting tuberculosis. Films made of plaintiff’s chest from 1956 disclosed an emphysematous bulla, an air sac which develops in the lungs. This bulla had gotten progressively worse during the period of 1956 through 1961, the date of the last x-ray.
The testimony further indicated that plaintiff had not suffered any prior disability because of the bulla,
Plaintiff testified that subsequent to the accident and operation, he could not participate in athletics as he had done previously and suffered other discomforts not heretofore experienced. Dr. Johnson testified that it was his opinion that plaintiff had a permanent disability insofar as it related to heavy exertion.
The record discloses that “causation” could have been proven either as a result of the impact of the accident or as an aggravation to this pre-existing condition. Plaintiff readily admits to having a bulla prior to the accident, but emphatically stated that he had no health complications as a result thereof. This testimony was more than adequately supported by the statements of his mother and his family physician.
The record illustrates further that the resultant effects of the accident, namely, the medical treatment, can not be precisely pinned down to a single, direct
The testimony of the defendants consisted of medical experts who had treated plaintiff. The main thesis of their testimony concerned the open thoracotomy and the development of plaintiff’s pre-existing condition. Admittedly, two physicians for defendant stated that the size of the bulla had not changed, after viewing-x-rays, from before the accident to after the accident. But, they did not in any way explain why plaintiff suffered pain immediately after the accident and an operation had to be performed soon thereafter.
In my opinion, Dr. Johnson succinctly stated on cross-examination the keynote to prove causation, “Well, the only way I can answer that [why plaintiff needed an operation] is that if we are going to assume that he had the blebs (bulla) before and he had had no trouble with them then, then I see no reason why we should assume that suddenly on the 25th or 26th, or whenever the operation was performed, he could have needed the operation for the blebs.” [NT 148] Both Dr. Johnson and Dr. Minton stated that it was their opinion that the plaintiff’s condition subsequent to the accident was a result of the accident.
In summary, to blandly state that plaintiff’s resulting condition subsequent to the accident was in no way related to the accident is to disregard uncontradicted, competent medical testimony. Furthermore, in light of the particular facts of this case, it is beyond the bounds of common sense to say that plaintiff’s condition subsequent to the accident, when he previously enjoyed good health, was merely coincidental with the time of the accident. Whether the accident injured
I would hold that the award made by the court below is inadequate and remand the case for a new trial on damages alone. Troncatti v. Smereczniak, 428 Pa. 7, 235 A. 2d 345 (1967).
Since the record indicates that the trial court found that all defendants were negligent and that the plaintiff was not contributorily negligent, there is no need to relitigate liability.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.