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Davis v. Mullen

In a personal injury case, grant of new trial reversed because, under the facts of the case, the jury's decision not to award damages for pain and suffering was not inconsistent with its simultaneous award of medical expenses; there was a reasonable basis for jury to believe either that plaintiff did not suffer pain or that his alleged injury was not caused by the negligence of defendant.

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SUBMITTED: March 27, 2001

OPINION

Jeffrey D. Mullen (“Mullen”) appeals from an Order of the Superior Court, which reversed the decision of the Court of Common Pleas of Beaver County and granted Jody R. Davis (“Davis”) a new trial. For the reasons discussed in this Opinion, we reverse. The trial court acted within its discretion when it denied Davis’ motion for a new trial because, under the facts of this case, the jury’s decision not to award damages for pain and suffering was not inconsistent with its simultaneous award of medical expenses. Catalano v. Bujak, 642 A.2d 448 (Pa. 1994).

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