(DOWNLOAD) "Carpinet V. Mitchell" by In the Superior Court of Pennsylvania ~ Book PDF Kindle ePub Free
eBook details
- Title: Carpinet V. Mitchell
- Author : In the Superior Court of Pennsylvania
- Release Date : January 27, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
¶ 1 This matter arises out of an automobile accident in which appellee, Robert Carpinet, sustained a whiplash injury to his neck when his vehicle, a full size Ford F-150 pick-up truck was rear-ended by a compact Geo Tracker sports utility vehicle driven by appellant, Darlene Mitchell. Carpinet and his wife filed suit, seeking damages for his personal injuries and her loss of consortium. The jury returned a verdict in favor of the Carpinets, awarding them an aggregate total of $650,000 in damages. Delay damages of $132,159.24 were added thereto by stipulation of the parties. Ms. Mitchell appeals from the judgment entered *fn1 and claims, among many other things, that the trial court erroneously charged the jury on damages and abused its discretion in permitting the use of a prejudicial jury verdict interrogatory. After careful review, we agree that the verdict interrogatory and the court's charge on damages upon which the interrogatory was based, improperly permitted the jury to consider a number of categorized misfortunes, such as "loss of the pleasures and enjoyments of life" and the "loss of feeling of well-being," as separate, compensable items of damages apart from the damages available for pain and suffering. We conclude that these items of loss are more properly seen as subdivisions of pain and suffering and do not set forth separate categories of damages recognized by law which may be tabulated in addition to damages awarded for pain and suffering. Accordingly, we vacate the award of damages and award a new trial limited to damages.
 "Carpinet V. Mitchell" by In the Superior Court of Pennsylvania ~ Book PDF Kindle ePub Free){kind=link}