Surgent v. Stein

SPAETH, Judge,

concurring:

I should affirm on a narrower ground than does the majority. In Gudat v. Heuberger, 275 Pa.Super. 535, 419 A.2d 30 (1980), we reversed and remanded for a new trial, in part because of the jury’s failure to award the injured plaintiff any amount to reimburse her for the expense of her first visits to her family doctor, when the extent of her injuries was determined. See also Lesoon v. Yellow Cab Co., 195 Pa.Super. 470, 171 A.2d 877 (1961); Hollins v. Pittsburgh Rwys., 188 Pa.Super. 141, 146 A.2d 622 (1958). Had appellant incurred such expense here, I might similarly have found reversible error in the jury’s “no injury-no damages” verdict. It appears, however, that appellant did not incur such expense, instead being examined, without charge, at the scene of the accident by a doctor from a nearby medical office building. On these facts, the jury’s verdict may be upheld.