Bert Co. v. Turk

In Bert Co. v. Turk, the Pennsylvania Superior Court confronted a question of first impression in Pennsylvania: How should courts calculate the ratio(s) of damages when multiple defendants claim the punitive damages against them are unconstitutionally excessive? The issue arose because an employee of an insurance brokerage conspired with a competitor to destroy his current … Read more

Mazzie v. Lehigh Valley Hosp.

In Mazzie v. Lehigh Valley Hosp., the defendants in a medical negligence matter appealed after a jury found in favor of the plaintiffs. The defendants claimed that they should have been awarded a JNOV because the plaintiff’s expert did not testify “to a reasonable degree of medical certainty” that the defendants’ actions caused the injury. … Read more

Povrzenwich v. Ripepi

In Povrzenwich v. Ripepi, a medical malpractice suit, Plaintiff appealed the judgment entered in her favor. Plaintiff, the verdict winner below, contended that she was entitled to a new trial limited to damages because the trial court erroneously precluded the testimony of her expert life care planner, a nurse, as to Plaintiff’s future medical expenses. … Read more

Nelson v. Elizabeth Bd. of Educ.

Nelson v. Elizabeth Bd. of Educ. was an appeal from a trial for breach-of-contract between a school board and its former in-house counsel. The Appellate Division questioned whether the Rules of Professional Conduct prohibited in-house counsel from bringing a breach of contract suit against his employer. The parties had entered into a three-year employment contract, … Read more

Clark v. Nenna

Clark v. Nenna arose out of a surgical procedure that the defendant performed on the plaintiff. The plaintiff alleged emotional distress caused by the defendant’s professional negligence, i.e., failure to remove surgical washers from the plaintiff’s leg. The plaintiff did not allege that the defendant’s conduct was intentional or willful. The nature of the plaintiff’s … Read more

Mader v. Duquesne Light Co.

In Mader v. Duquesne Light Co., the Pennsylvania Supreme Court considered the limits on a trial court’s discretion to order a new trial on all damages where a jury’s award on certain damages was based on stipulations or was otherwise unimpeachable. The Court held that a jury’s award of certain types of damages may be … Read more

McMichael v. McMichael

In McMichael v. McMichael, the Pennsylvania Supreme Court gave quality primers on the difference between a survival action and a wrongful death action as well as the difference between economic and non-economic damages. In this wrongful death and survival action, the jury awarded the decedent’s surviving spouse zero dollars in damages — economic and non-economic … Read more

Woullard v. Sanner Concrete and Supply

In Woullard v. Sanner Concrete and Supply, Woullard sued, claiming that the defendants breached their respective contracts related to constructing a house and a detached garage. After the trial court found in favor of Woullard, the defendants appealed and argued that the trial court erred in calculating its damage award. The Superior Court affirmed, holding … Read more

Little v. Kia Motors America

This class action proceeded to trial and the jury agreed with the plaintiffs that the defendant breached express and implied warranties by selling the plaintiffs cars with defective brake pads. The jury awarded $750 to each plaintiff. The trial court granted the defendant’s post-trial motion regarding damages only. The trial court left the verdict intact … Read more