241 A.3d 1182
Pa. Super. Ct.2020Background
- Witherspoon and McDowell-Wright lived together 2002–2015; relationship ended acrimoniously and Witherspoon alleges he was evicted in Nov. 2015 and his tools/equipment were converted.
- Witherspoon filed pro se in July 2016 alleging conversion and other claims; a non pros was entered at trial after McDowell-Wright produced a bankruptcy discharge, but the court later vacated the non pros.
- Witherspoon amended to assert only conversion and sought $223,510 in damages; a two-day bench trial was held in March 2019.
- The trial court found McDowell-Wright liable for conversion but awarded Witherspoon $7,500, citing deficiencies in Witherspoon’s valuation evidence.
- Witherspoon appealed the damages award as against the weight of the evidence. During the appeal McDowell-Wright died (Mar. 1, 2020); no personal representative was substituted and no appellee brief was filed.
- The Superior Court held McDowell-Wright’s death did not deprive it of jurisdiction or render the appeal moot and affirmed the $7,500 judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of appellee's death on appeal (jurisdiction/mootness) | Witherspoon continued appeal; outcome affects estate and creditor rights | No appellee brief; suggestion of death filed by daughter; no personal representative | Death did not deprive appellate jurisdiction or moot the appeal; court may proceed without substitution under Pa.R.A.P. 502(a) |
| Sufficiency/weight of evidence for damages in conversion action | Witherspoon: trial court’s $7,500 award is against the weight of the evidence; he provided itemized lists and witness testimony; replacement cost should apply | Trial court: Witherspoon’s valuation exaggerated and lacked proof of purchase dates, original costs, or depreciation; defendant did not rebut but court may estimate damages | Trial court’s factual damage estimation was within discretion; award of $7,500 affirmed — plaintiff failed to prove higher damages with reasonable certainty |
Key Cases Cited
- Shiomos v. Commonwealth State Employees' Ret. Bd., 626 A.2d 158 (Pa. 1993) (death of a party does not necessarily moot appeal where outcome affects estate)
- Grimm v. Grimm, 149 A.3d 77 (Pa. Super. 2016) (substitution required pre-judgment for trial court jurisdiction)
- McManamon v. Washko, 906 A.2d 1259 (Pa. Super. 2006) (appellate deference to fact-finder on damages)
- Brinich v. Jencka, 757 A.2d 388 (Pa. Super. 2000) (definition of conversion)
- Pikunse v. Kopchinski, 631 A.2d 1049 (Pa. Super. 1993) (trial court may accept plaintiff’s valuation when credible and defendant fails to rebut)
- Delahanty v. First Pennsylvania Bank, 464 A.2d 1243 (Pa. Super. 1983) (damages need only be proved with reasonable—not mathematical—certainty; fact-finder may estimate damages)
- Penn Electric Supply Co. v. Billows Electric Supply Co., 528 A.2d 643 (Pa. Super. 1987) (plaintiff retains burden to prove damages; defendant’s failure to rebut does not compel acceptance of plaintiff’s figure)
- Lloyd v. Haugh & Keenan Storage & Transfer Co., 223 Pa. 148, 72 A. 516 (Pa. 1909) (replacement cost and subjective value to owner are relevant where market value is unascertainable)