Knowles v. LEVAN
15 A.3d 504
| Pa. Super. Ct. | 2011Background
- Appellant Levan, executor of Regina Levan, admitted liability; damages trial followed in Dauphin County after a head-on collision caused by Levan’s decedent.
- Plaintiffs Knowles alleged injuries and Knowles Jr. was injured and Knowles Sr. was pregnant at the time of the accident.
- Before trial, Levan moved to exclude evidence of Levan’s cocaine use and high BAC; the court denied the motion.
- The jury was told Levan had a BAC above the legal limit (.227) and cocaine was present; jury was instructed that intoxication doesn’t affect damages.
- Jury awarded Knowles $250,000 and Mrs. Knowles $4,000; Levan moved for a new trial asserting improper evidence admission.
- Trial court denied the motion; on appeal, the court held the evidence admission was improper but harmless, affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of BAC/cocaine evidence related to damages | Knowles argues improper admission prejudiced damages. | Levan contends evidence relevant to causation is irrelevant once liability is conceded. | Harmless error; no reversal. |
| Prejudice or sympathy from intoxication evidence affecting verdict | Knowles asserts verdict was tainted by inflammatory evidence. | Levan asserts no prejudice; damages properly awarded. | Harmless error; verdict upheld. |
| Trial court's instruction and informing jury of legal BAC limit | Knowles argues improper guidance to jurors about BAC limit. | Levan contends instruction mitigates error. | Harmless error; cautionary instruction cured error. |
Key Cases Cited
- Rettger v. UPMC Shadyside, 991 A.2d 915 (Pa. Super. 2010) (harmless-error standard and scope of appellate review)
- Reott v. Asia Trend, Inc., 7 A.3d 830 (Pa. Super. 2010) (admissibility of evidence and abuse of discretion principles)
- Yacoub v. Lehigh Valley Medical Associates, 805 A.2d 579 (Pa. Super. 2002) (harmless-error concept and evidentiary prejudice)