Hart v. W.H. Stewart, Inc.
Hart v. W.H. Stewart, Inc.
Opinion of the Court
OPINION ANNOUNCING THE JUDGMENT OF THE COURT
This products liability action presents the question whether the trial court violated the collateral source rule by allowing evidence of workmen’s compensation payments received by the plaintiff during the period of his incapacity. The pertinent facts are as follows.
On appeal, the Superior Court reversed, finding in an unpublished opinion that the trial court erred in permitting appellant to cross-examine appellee’s witness on the matter of appellee’s salary for the three years after the accident. 373 Pa.Super. 643, 536 A.2d 831. The Superior Court ruled that even though the record did not indicate whether the witness had actually been called and/or cross-examined, it was reasonable to infer from the attorney’s comments at sidebar that the objectionable testimony had been allowed, and that this evidence was of the type barred by the collateral source rule. Concluding that the introduction of this evidence may have substantially prejudiced the jury with respect to the issue of liability, the Superior Court reversed the trial court and granted a new trial on both the liability and damages issues.
Appellee makes no assertion of legal error by the trial court regarding any issue of liability. He does not claim that at trial he presented sufficient facts to justify a finding of liability in his favor. Instead, appellee relies on the claim that the cross-examination of his witness should not have been permitted, maintaining that this error was the crucial factor in the jury’s verdict against him. Appellee seems convinced that the preclusion of the instant testimony would have, persuaded the jury to reach a different conclusion.
Appellee overlooks the obvious fact that because he is not challenging the jury’s finding that no liability existed, the assertion of prejudice by the introduction of the challenged evidence is irrelevant. To constitute reversible error, a ruling on evidence must be shown not only to have been erroneous but harmful to the party complaining. Nebel v. Mauk, 434 Pa. 315, 253 A.2d 249 (1969); Kitchen v. Borough of Grampian 421 Pa. 464, 219 A.2d 685 (1966); Anderson v. Hughes, 417 Pa. 87, 208 A.2d 789 (1965); Richmond v. Otter, 364 Pa. 191, 70 A.2d 314 (1950); Farmers National Bank & Trust of New Holland v. New Holland National Bank, 333 Pa. 428, 5 A.2d 198 (1939). An evidentiary ruling which did not affect the verdict will not provide a basis for disturbing the jury’s judgment. See e.g. Anderson v. Hughes, supra. See also Miller v. Montgomery, 397 Pa. 94, 152 A.2d 757 (1959); Richter v. Mozenter, 356 Pa. 650, 53 A.2d 76 (1947). Thus, an erroneous evidentiary ruling on damages, in a case where the jury has found for the defendant on the liability issue, is harmless and does not entitle the plaintiff to a new trial. Downey v.
The evidence sought to be excluded in the instant matter related solely to the amount of remuneration to which appellee would have been entitled if the jury had decided in his favor. The speciousness of this argument is readily apparent. Before the issue of damages is relevant, the jury must first determine the question of liability. Appellees are implicitly urging that, if the jury had not been aware of this source of income following the injury, the jury may have been persuaded to overlook appellees’ inability to establish liability. Such a verdict had it been entered could not have been sustained. The magnitude of the injury sustained may never be permitted to overcome a plaintiff’s failure to establish a defendant’s liability. Sympathy for the plight of the injured party cannot relieve that party of the obligation to demonstrate the responsibility of the person from whom redress is sought.
Accordingly, the order of the Superior Court is reversed, and the order of the Court of Common Pleas is reinstated and affirmed.
. As previously stated, the record is devoid of any indication that the defense was actually permitted to cross-examine the plaintiffs witness on these matters. It is thus uncertain whether or not the evidence in question actually was heard by the jury and, therefore, whether there is any real foundation for appellee's allegation of error.
Concurring Opinion
concurring.
I concur in the result only, because I believe that the plaintiffs (appellees herein) utterly failed to carry their burden of proof and persuasion as appellants in Superior Court, and that, therefore, Superior Court erred in reversing the trial court.
In my opinion, such an assumption has no place in appellate review and it was error for Superior Court to (1) make that assumption, and (2) use the assumed facts as the predicate for its decision to reverse the trial court. The majority perpetuates the error of that unwarranted assumption. It was the obligation of the plaintiffs, as appellants in Superior Court, to ensure that the record on review would be adequate to permit meaningful scrutiny. Mechanisms exist for reconstruction of a record where, as here, a critical gap appears. Pa.R.A.P. 1923 and 1924. The lacuna in the record should be held against plaintiffs-appellees herein who failed to place upon and preserve for the record sufficient data to support its position and convince a reviewing court that the trial court’s decision was erroneous.
Moreover, my reading of the appellate record — such as it is — leads me to believe that Superior Court’s assumption is materially false. The briefs on appeal, the trial court’s opinion denying the post-trial motions and the reproduced portions of the transcript of the in-chambers discussion of plaintiffs’ motion in limine indicate to me that plaintiffs’ witness did not in fact, testify as to the plaintiff-husband’s “lost wages.” The trial court actually ruled that there were no lost wages for the three year period for which the plaintiff-husband’s salary was paid. Accordingly, it is doubtful that defendant would have cross-examined that witness on “collateral sources” of payments of lost wages
Of course, the above discussion illustrates the problem in this case — a reviewing court should not be dealing in “probablies” and "doubtfuls” when it comes to the record. In this case, there is a significant gap in the record which precludes meaningful appellate review, and plaintiffs-appellants below must be held accountable for that gap. Superi- or Court should on that basis be reversed, and the order of the Court of Common Pleas reinstated.
Having said that, I must note my disagreement with the majority’s unqualified statement of law that “an erroneous evidentiary ruling on damages, in a case where the jury has found for the defendant on the liability issue, is harmless and does not entitle the plaintiff to a new trial.” At 1252. While the cases cited by the majority
. Downey v. Weston, 451 Pa. 259, 301 A.2d 635 (1973); Middleton v. Glenn, 393 Pa. 360, 143 A.2d 14 (1958).
. I express no opinion because of the state of the record which precludes me from knowing whether or not there was error. Moreover, even if there was error, the determination of harmless versus prejudicial error might depend upon whether “bad evidence” of “collateral sources” came in or whether plaintiffs were simply not permitted to introduce "good evidence” of one component of their damages.
Reference
- Full Case Name
- John H. HART and Sandra W. Hart, His Wife, Appellees, v. W.H. STEWART, INC., a New York Corporation, Appellant
- Cited By
- 48 cases
- Status
- Published