Corvin, J. v. Tihansky, D.
184 A.3d 986
Pa. Super. Ct.2018Background
- Nov. 9, 2010 low‑speed rear‑end collision: Corvin (plaintiff) rear‑ended while stopped; Tihansky (defendant) admitted negligence.
- Corvin treated for neck pain, headaches; MRI showed C6‑7 herniated disc; underwent anterior cervical discectomy and fusion in Jan. 2011.
- At trial, both sides presented medical experts: plaintiff’s doctors attributed herniated disc to the accident; defendant’s experts disputed causation or attributed symptoms to preexisting degenerative disease or a muscular strain.
- Jury returned a defense verdict on causation (found defendant’s negligence was not a factual cause of any harm).
- Corvin moved for JNOV or a new trial; trial court denied relief. Corvin appealed; Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JNOV should have been granted on causation | Corvin: no two reasonable minds could disagree causation existed because defendant admitted negligence and defendant’s expert conceded an injury from the accident | Tihansky: Corvin waived JNOV by not moving for directed verdict and withdrawing request for a binding jury instruction; evidence conflicted on causation | Waived: Corvin failed to preserve the JNOV claim (no directed verdict request; withdrew binding instruction); appellate review refused on that ground |
| Whether a new trial should be granted as against the weight of the evidence | Corvin: verdict against weight because defense conceded some injury and common sense supports causation | Tihansky: record contained expert testimony disputing causation and evidence of preexisting symptoms; jury could reasonably find no compensable injury | Denied: trial court did not abuse discretion; record supported jury credibility determinations and conflicting expert testimony |
Key Cases Cited
- Reott v. Asia Trend, Inc., 7 A.3d 830 (Pa. Super. 2010) (standard for JNOV and viewing evidence for verdict winner)
- Thomas Jefferson Univ. v. Wapner, 903 A.2d 565 (Pa. Super. 2006) (preservation required: must move for directed verdict or request binding instruction to preserve JNOV)
- Neison v. Hines, 653 A.2d 634 (Pa. 1995) (defense verdict unreasonable where defendant offered no evidence to rebut injury and accident was violent)
- Maiczyk v. Oesch, 789 A.2d 917 (Pa. Super. 2001) (jury may reject plaintiff’s claim of serious injury despite defendant’s negligence)
- Winschel v. Jain, 925 A.2d 782 (Pa. Super. 2007) (appellate review of weight claims defers to trial court’s discretion)