Roth v. Ross
85 A.3d 590
| Pa. Super. Ct. | 2014Background
- Roth appeals from a July 5, 2013 judgment in Luzerne County challenging the May 7, 2013 denial of delay damages on future medical expenses.
- Ross admitted liability for the August 17, 2007 rear-end collision on Interstate 81 in Luzerne County, Roth's vehicle.
- Roth asserted damages for past and future pain and suffering, past and future medical expenses, lost wages, lost future earning capacity, mental anguish, and emotional distress.
- The jury awarded Roth $60,000 total: $40,000 for past pain and suffering and $20,000 for future medical expenses.
- Roth sought delay damages under Rule 238(a)(1) for the entire verdict; the trial court granted delay damages for past pain but not for future medical expenses.
- The issue on appeal is whether delay damages must be added to the portion of the verdict allocated to future medical expenses, which represents bodily injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether future medical expenses qualify for delay damages under Rule 238(a)(1). | Roth argues future medical expenses are monetary relief for bodily injury and thus subject to delay damages. | Ross contends future medical expenses are not within the scope of delay damages under Rule 238(a)(1). | Yes; future medical expenses are monetary relief for bodily injury and subject to delay damages. |
Key Cases Cited
- Tucker v. Philadelphia Daily News, 577 Pa. 598 (Pa. 2004) (future medical expenses are recoverable compensatory damages)
- Lilley v. Johns-Manville Corp., 408 Pa. Super. 83 (Pa. Super. 1991) (delay damages for future injuries proper)
- Gross v. Johns-Manville Corp., 410 Pa. Super. 486 (Pa. Super. 1991) (delay damages for future injuries recognized (overturned in part later))
- Anchorstar v. Mack Trucks, Inc., 533 Pa. 177 (Pa. 1993) (loss of consortium not bodily injury precludes delay damages)
- Goldberg ex rel. Goldberg v. Isdaner, 780 A.2d 654 (Pa. Super. 2001) (parents suing for children's medical expenses not bodily injury precludes delay damages)
- Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 (Pa. Super. 2006) (supersedes Anchorstar/Goldberg with clarified scope)