Citation Numbers: 67 A.2d 826, 165 Pa. Super. 45
Judges: OPINION BY HIRT, J., July 15, 1949:
Filed Date: 3/24/1949
Status: Precedential
Modified Date: 1/13/2023
Argued March 24, 1949.
On September 9, 1942, Irvine L. Christman, a pedestrian, was struck by an automobile driven by one Frank Waterman in the Borough of Athens, and was severely injured. Following his injury he attempted, over a period of more than six months, to effect a settlement of his claim for damages with Waterman and his insurance carrier but without success. He then retained Lilley and Wilson, of Towanda, Bradford County, as his attorneys to prosecute his claim. Christman was without funds and representation on a contingent basis of one-third of the ultimate recovery, plus necessary disbursements, was agreed upon. Suit was promptly brought and after a number of unavoidable delays the case was finally tried in the common pleas of Bradford *Page 47
County at the May Term in 1944 and resulted in a verdict in favor of Christman for $7,500. At the trial plaintiff's physician testified that sometime before Christman's injury he had examined him and Christman then was in sound physical condition; but later he found a functional impairment of the heart which in his professional opinion was attributable to the injury. This testimony was allowed over the defendant's objection. On defendant's motion after verdict, a new trial was granted by the court, on the authority of Krajkowski v. Phila.Rapid T. Co.,
The reasons for the settlement of the claim on the above basis can only be surmised. Decedent had been in good health prior to his injury; his yearly earnings were about $3,000 and he was but 44 years old when he died. The circumstances of the injury concededly charged Waterman with carelessness amounting almost to gross negligence in the operation of his automobile, and absolved the decedent from every suggestion of contributory negligence. Moreover there is no contention, and the common pleas did not find, that the verdict of $7,500 was excessive in amount.
The fund of $1,209.28 for distribution, after payment of the costs of the audit, was properly awarded to Lilley and Wilson by the auditor and his report was confirmed by the court. The administratrix had the legal right to settle the claim of her decedent directly with Waterman's insurance carrier. Wahl v.Strous et al.,
We have referred to the above facts and the principles of law involved, although gratuitously, to indicate that the dispute was properly disposed of in the auditors' report as confirmed by the lower court. The amount of the fund in the hands of decedent's administratrix for distribution was admitted and the decree did not surcharge her or make distribution of a larger amount. She therefore was not a "party aggrieved" in the sense of the Act of June 7, 1917, P. L. 363, § 22 (a), 20 Pa.C.S.A. § 2601, and had no standing to appeal from the decree in this case on any ground. Reese's Estate,
Order affirmed at appellant's costs.