Alvarez, S.v. Trans Bridge Lines, Inc.

J-A14011-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
STEPHANIE ALVAREZ, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
TRANS BRIDGE LINES, INC. AND SCOTT
GRIFFIN,
Appellee No. 3555 EDA 2016
Appeal from the Judgment Entered December 12, 2016
In the Court of Common Pleas of Lehigh County
Civil Division at No(s): 2014-C-1621
BEFORE: BENDER, P.J.E., BOWES, J., and SHOGAN, J.
MEMORANDUM BY BENDER, P.J.E.: FILED SEPTEMBER 06, 2017
Appellant, Stephanie Alvarez, appeals from the judgment entered on
December 12, 2016,1 after the trial court denied her motion for post-trial
relief, in which she requested a new trial. After careful review, we affirm.
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1
Appellant purports to appeal from the October 19, 2016 order denying her
post-trial motion. Ordinarily, an appeal properly lies from the entry of
judgment, not from the order denying post-trial motions. See Johnston
the Florist, Inc. v. TEDCO Constr. Corp., 657 A.2d 511 (Pa. Super.
1995). Nevertheless, a final judgment entered during pendency of an
appeal is sufficient to perfect appellate jurisdiction. Drum v. Shaull
Equipment and Supply, Co., 787 A.2d 1050, 1052 n.1 (Pa. Super. 2001).
Here, Appellant filed a notice of appeal prematurely on October 31, 2016,
prior to the entry of judgment. However, the record reflects that judgment
was entered on December 12, 2016. In accordance with the Pennsylvania
Rules of Appellate Procedure, we treat Appellant’s notice of appeal as if it
were filed after the entry of judgment and on the date thereof. See
Pa.R.A.P. 905(a)(5). Hence, the instant appeal is properly before this Court.
J-A14011-17
The relevant facts and procedural history of this case were
summarized by the trial court in the following portion of its October 18, 2016
Memorandum Opinion:2
[Appellant] filed her complaint against [Appellees, Trans
Bridge Lines, Inc. (“Trans Bridge”) and Scott Griffin (“Mr.
Griffin”),] on May 14, 2014, at Lehigh County Civil Action No.
2014-C-1621. This case arises from a pedestrian-bus accident
that occurred on the rainy evening of June 1, 2012, at the
intersection of Hamilton Street and American Parkway in
Allentown, Pennsylvania. [Mr. Griffin] was the driver and
operator of the 2006 MCI Passenger Bus that[,] while making a
left turn with the green arrow[,] collided with [Appellant], as she
crossed the street in the crosswalk. [Trans Bridge] is the
corporation that owned the 2006 MCI Passenger Bus and
employed [Mr. Griffin]. [Appellant’s] [c]omplaint contained
three counts. In Count I, [Appellant] alleged that [Trans Bridge]
was negligent. In Count II, [Appellant] alleged that [Mr. Griffin]
had been careless, reckless, and negligent in his actions in
operating the bus and that he had committed negligence per se.
Lastly, in Count III, [Appellant] alleged that, “[Mr.] Griffin’s
outrageous, intentional, willful, wanton and reckless conduct and
indifference, as well as his appreciation of the risk of harm to
which [Appellant] was exposed and his actions in conscious
disregard of that risk and as a result of the vicarious liability of
[Trans Bridge] for [Mr.] Griffin’s acts and failure to act” merit the
award of punitive damages.
By Order of Court dated August 25, 2014, this [c]ourt
sustained in part [Appellees’] preliminary objections to the
complaint[,] striking from the complaint paragraph 21(1) in
which [Appellant] alleged that [Mr. Griffin] had committed
negligence per se. In [Appellees’] answer with new matter filed
September 16, 2104, [Appellees] raised among other defenses
[Appellant’s] contributory and comparative negligence.
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2
The trial court’s October 18, 2016 Memorandum Opinion is incorporated by
reference into its Pa.R.A.P. 1925(a) opinion, filed on January 12, 2017.
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The case proceeded to trial before the Honorable Lawrence
J. Brenner in November of 2015. After [Appellant] had
presented her case in chief, Senior Judge Brenner entered a
compulsory non-suit on Count III of [Appellant’s] complaint
concerning punitive damages by order of court dated November
6, 2015, having found that the evidence of record did not
support a finding of outrageous conduct necessary for punitive
damages. On November 10, 2015, after a five-day jury trial …
the jury returned a verdict finding that [Mr. Griffin] was not
negligent. This was the first question on the verdict slip and the
jury returned to the courtroom without answering any further
questions on the verdict slip. The jury was polled on their
verdict[,] and it was revealed that the verdict was unanimous.
Trial Court Opinion (“TCO”), 10/18/16, at 3-4 (citation to record and
unnecessary capitalization omitted). Accordingly, the court entered a
verdict in favor of Appellees and against Appellant. Appellant filed a motion
for post-trial relief or, in the alternative, for a new trial, which was denied by
order of court entered on October 19, 2016.
On October 31, 2016, Appellant filed a timely notice of appeal,
followed by a timely, court-ordered Pa.R.A.P. 1925(b) concise statement of
errors complained of on appeal. Appellant now presents the following issues
for our review:
1. Did the lower court abuse its discretion and/or commit an
error of law by failing to properly charge the jury on the law
to be applied regarding (a) the duty of care of a motorist
entering an intersection and (b) the duty of a common
carrier?
2. Did the lower court abuse its discretion and/or commit an
error of law in allowing any reference to the investigating
officer’s police report?
3. Did the lower court abuse its discretion and/or commit an
error of law by dismissing [Appellant’s] punitive damages
claim arising from [Mr. Griffin’s] distracted driving?
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4. Was the jury’s verdict contrary to the weight of the evidence?
5. Did the lower court abuse its discretion and/or commit an
error of law by ruling on the admissibility of certain evidence
at trial as enumerated herein effectively precluding
[Appellant] from inquiring into relevant and probative areas
that supported [Appellant’s] version of the facts of the
accident and call into question certain [sic] of the testimony
of defense witnesses?
Appellant’s Brief at 5-6 (unnecessary capitalization omitted).
To begin, we note our standard of review of the general denial of post-
trial relief by a court following a jury’s verdict:
We will reverse a trial court’s decision to deny a motion for a
new trial only if the trial court abused its discretion. See
Harman v. Borah, 562 Pa. 455, 756 A.2d 1116, 1121-[22] (Pa.
2000). We must review the court’s alleged mistake and
determine whether the court erred and, if so, whether the error
resulted in prejudice necessitating a new trial. See id. at 1122-
[23]. If the alleged mistake concerned an error of law, we will
scrutinize for legal error. See id. at 1123. Once we determine
whether an error occurred, we must then determine whether the
trial court abused its discretion in ruling on the request for a new
trial. See id. “An abuse of discretion exists when the trial court
has rendered a judgment that is manifestly unreasonable,
arbitrary, or capricious, has failed to apply the law, or was
motivated by partiality, prejudice, bias, or ill will.” Id. at
1123[;] Petrecca v. Allstate Insurance Company, 797 A.2d
322, 324 (Pa. Super. 2002).
Paliometros v. Loyola, 932 A.2d 128, 132 (Pa. Super. 2007) (quoting
Stalsitz v. Allentown Hospital, et al., 814 A.2d 766, 771 (Pa. Super.
2002)).
In her first claim, Appellant alleges that the trial court failed to
properly charge the jury on the issues of the degree of care required at an
intersection, the duty of a motorist approaching an intersection, and the
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duty of a common carrier. Appellant’s Brief at 21. Appellant avers that the
court’s rejection of her proposed jury instructions regarding the foregoing
areas of law was contrary to the law, prejudicial to her, caused her
irreparable harm, and allowed for confusion and misunderstanding on the
part of the jury. Id. at 23, 29-30. However, we deem Appellant’s argument
to be without merit.
It has been well-established that:
Under Pennsylvania law, our standard of review when
considering the adequacy of jury instructions in a civil case
is to determine whether the trial court committed a clear
abuse of discretion or error of law controlling the outcome
of the case. It is only when the charge as a whole is
inadequate or not clear or has a tendency to mislead or
confuse rather than clarify a material issue that error in a
charge will be found to be a sufficient basis for the award
of a new trial.
Further, a trial judge has wide latitude in his or her choice of
language when charging a jury, provided always that the court
fully and adequately conveys the applicable law.
Phillips v. Lock, 86 A.3d 906, 916 (Pa. Super. 2014) (quoting Smith v.
Morrison, 47 A.3d 131, 134-35 (Pa. Super. 2012), appeal denied, 57 A.3d
71 (Pa. 2012) (citations and quotation marks omitted)). Jury instructions
must be upheld if they adequately and accurately reflect the law and are
sufficient to guide the jury in its deliberations. See Brill v. Systems
Resources, Inc., 592 A.2d 1377, 1378 (Pa. Super. 1991).
Here, as noted in the trial court’s opinion,
the [] court charged the jury on the general law of negligence,
ordinary care, duty of care, and factual causation. Additionally,
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the trial court charged the jury on Section 3713 [sic][3] of the
Motor Vehicle Code stating:
A person shall not drive a vehicle in a careless disregard
for the safety of persons or property. If you find that the
[d]efendant violated this law, then you must find that [the
d]efendant was negligent. If you find that the [d]efendant
did not violate this law, then you must decide whether the
defendant was negligent because he failed to act as a
reasonably careful person would under the circumstances
established by the evidence in this case.
Regarding negligent conduct and duty, the [c]ourt instructed the
jury as follows:
Negligence, otherwise known as carelessness, is the
absence of ordinary care that a reasonably prudent person
would use in the circumstances presented here. Again[,]
circumstantial evidence.
Negligent conduct may consist either of an act or a
failure to act when there is a duty to do so. In other
words, negligence is the failure to do something that a
reasonably careful person would … do in light of all the
surrounding circumstances established by the evidence in
the case. It is for you to determine how a reasonably
prudent person would act in those circumstances. Use
your common sense when you are reviewing it.
TCO at 11 (citations to the record omitted).
In addition to the foregoing instructions, Appellant proposed the
following non-standard jury instructions, which were rejected by the court:
DUTY OF MOTORIST APPROACHING AN INTERSECTION
The duty of a motorist, when approaching a street intersection[,]
is to be highly vigilant and to maintain such control that he can
____________________________________________
3
Based on our review of the Motor Vehicle Code, we believe that the trial
court meant to reference 75 Pa.C.S. § 3714, which defines “careless
driving,” rather than Section 3713, which governs railroad trains and the
blocking of roadways.
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stop so as to avoid injury to a pedestrian on the shortest
possible notice. It is the presence of the intersection, not the
position of someone therein, which determines the care required
of the approaching driver.
DEGREE OF CARE REQUIRED AT AN INTERSECTION
The operator of a motor vehicle, at an intersection, has a higher
duty or degree of care than is required in normal travel. He has
the duty to look out for what is normally at intersections and to
look for pedestrians who may be crossing that intersection. He
must have his vehicle under control in such a manner that he
normally would be able to stop if there is any impediment to his
travel.
TCO at 9 (citations omitted). The trial court decided against giving these
proposed charges to the jury on the basis that the proposed principles were
covered in the standard negligence charges.
Appellant argues that the general negligence instructions given to the
jury did not adequately explain to the jury the appropriate standard of care
for the bus driver under the applicable law. Appellant’s Brief at 29. She
states that “the jury was entitled to know that Pennsylvania case law
requires a higher duty of vigilance on the part of a driver entering an
intersection….” Id. at 23. Appellant further suggests that “[i]t was not
sufficient that the jury was charged on [section] 3730 [sic] of the Motor
Vehicle Code (75 Pa.C.S.[] § 3730 [sic])[4] concerning careless disregard for
the safety of persons and property.” Id. at 25.
____________________________________________
4
Again, we note that based on our review of the Motor Vehicle Code, we
believe that Appellant meant to reference 75 Pa.C.S. § 3714, which defines
“careless driving.”
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In response to Appellant’s allegations, the trial court referenced
Galvin v. Einwechter, 144 A.2d 471 (Pa. Super. 1958), in which this Court
emphasized the significance of the circumstance where a motorist enters an
intersection with the traffic light in his favor and stated:
Although one approaching a street intersection must always be
vigilant, he cannot be held to the same high degree of care at an
intersection with a traffic light giving him the right of way as at
an intersection where there is nothing to regulate the right of
way. He need not approach an intersection with a green light
quite so slowly, nor look so continuously for approaching traffic,
first because he has a right to assume traffic on the intersecting
street will stop for the red light and secondly because he must
divide his attention between approaching traffic and the light.
TCO at 12 (quoting Galvin, 144 A.2d at 472-473).
As noted by the trial court, in the instant case,
the evidence was undisputed that [Mr. Griffin] had the green
arrow when he began his turn. The jury watched the accident as
it occurred on the video from the bus. It was for the jury to
decide whether the driver exercised due care in light of the
circumstances: the time of night, the rainy weather conditions,
the type of intersection, the green arrow for the left turn, and
the driver’s familiarity with pedestrians crossing at that
intersection.
Id. at 12-13. Thus, the trial court properly relied on Galvin in determining
that Appellant’s proposed jury instructions were not needed.
In further support of its finding, the trial court opined:
It was not necessary to delineate a specific articulation of the
duty of a motorist approaching an intersection or the degree of
care required at an intersection, when the [c]ourt instructed the
jury to use their common sense and determine the care that a
reasonably careful person would use and how that reasonable
person would act in light of all the surrounding circumstances
established by the evidence presented in the case. The jurors
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would be able to draw upon their own experiences as
pedestrians and/or drivers to determine what a reasonably
careful person should have done in light of the circumstance
proved at trial. Thus, this [c]ourt believes that Senior Judge
Brenner’s charge of general negligence and duty principles
adequately covered the issues, did not confuse the jury, and did
not contain statements that amounted to a fundamental error.
The [c]ourt sees no error in the exercise of Senior Judge
Brenner’s discretion to not include [Appellant’s] proposed
supplemental charges on the duty of a motorist approaching an
intersection and the degree of care required at an intersection,
which may have been more confusing to the jury than helpful
given the differing degrees of care required at an intersection
depending on the type of intersection and the color of the lights
at controlled intersections.
TCO at 13.
Additionally, Appellant requested that the trial court charge the jury
with the standard jury instruction for the duty of a common carrier.5
____________________________________________
5
The suggested standard jury instruction in question, here, provides:
13.120 (Civ.) COMMON CARRIER’S DUTY OF CARE TO
PASSENGER
A “common carrier” is a transportation service licensed to
carry passengers or property.
Under Pennsylvania law, a “common carrier” must use the
highest standard of care in [operating its vehicle] [and]
[maintaining its equipment and facilities] [and] [transporting its
passengers].
[name of defendant] in this case is a “common carrier” and
must use the highest standard of care.
[name of plaintiff] claims that [name of defendant] did not
use this highest standard of care.
If you find that [name of defendant] did not use the highest
standard of care, then you must find [name of defendant]
negligent.
(Footnote Continued Next Page)
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Appellant’s Brief at 30. She avers that the court’s refusal to do so resulted
in extreme prejudice towards her, entitling her to a new trial. Id. at 32. In
response, the trial court explained:
Pennsylvania Suggested Standard Civil Jury Instructions
contain three instructions regarding specific cases where special
standard of care instructions should be given in regard to a
common carrier. They are: 13.120 Common Carrier’s Duty of
Care to Passenger, 13.130 Common Carrier’s Duty of Care to
Passenger-Sudden Stop, and 13.140 Common Carrier’s Duty of
Care to Disabled or Infirm Passenger. There is no dispute
between the parties that the bus, which injured [Appellant,] was
a “common carrier.” The dispute centered on whether the
suggested jury instruction 13.120 should be given to explain a
common carrier’s duty of care to a pedestrian, not a passenger
of the common carrier. This [c]ourt agrees with Senior Judge
Brenner that as a matter of law the common carrier’s duty of
care is owed specifically to its passengers and it would have
been error to charge the jury on the requested instruction.
TCO at 14 (emphasis added).
Appellant suggests that standard instruction 13.120 does not make
any distinction between passengers and non-passengers. Appellant’s Brief
at 31. Her position, however, blatantly ignores the plain language in the
title of all three of the standard suggested jury instructions regarding
common carriers, which expressly limits the duty to passengers. TCO at 14.
We are also persuaded by the following analysis of the application of
standard jury instructions for common carriers provided by the trial court:
_______________________
(Footnote Continued)
TCO at 14 (citation omitted) (italicized emphasis added in original; bolded
emphasis added by this Court).
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[Appellant] argues that the jury should have been instructed
that [Appellees], as a common carrier, owed a duty to use the
highest standard of care in operating its vehicle. However,
[Appellant] failed to cite a single case where the jury was
charged with 13.120 when there was not a factual dispute as to
whether or not the injured person was a passenger at the time
of the accident. See Reilly v. Southeastern Pa. Transp.
Auth., 484 A.2d 1390 (Pa. Super. 1984), affirmed, 489 A.2d
1291 (Pa. 1985).
The discussion in Reilly focused on whether a common
carrier’s duty of care towards the injured person had ended
before the accident occurred. Id. In Reilly, [this] Court
stated[:]
First, appellant argues that it was error for the trial court
to charge on appellant’s duty of care as a common carrier
because when the accident occurred, this duty was not
owed to appellee[,] Gerald Reilly. Appellant’s argument
would be persuasive had the facts been as appellant
argues they were. However, the testimony was in conflict
on the condition of the place where the bus stopped, and
on what Gerald did when he alighted from the bus-whether
he immediately ran in front of the bus or first took the
cleared path to the sidewalk and then turned back and ran
in front of the bus. Whether appellant’s duty as a common
carrier had ended as to Gerald, or in other words, whether
when the accident occurred Gerald had had “a reasonable
opportunity to alight and pass out of danger,” Harris v.
DeFelice, 379 Pa. 469, 473, 109 A.2d 174, 176 (1954),
depended on how the jury resolved this conflict.
Accordingly, it was not error for the trial court to instruct
the jury on appellant’s duty as a common carrier.
[Reilly,] 484 A.2d at 1391. This reasoning implies that had the
jury found that Gerald was no longer a passenger[,] the common
carrier would have owed him only a duty of ordinary care.
TCO at 14-15 (citations to record omitted). After careful review, we discern
no abuse of discretion or error of law by the trial court regarding the jury
instructions given in the underlying matter.
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Appellant further avers that the trial court erred in allowing any
reference to Officer Jarrouj’s police report during trial testimony. Appellant’s
Brief at 32. Appellant states, “Officer Jarrouj did not witness the accident,
he was not an accident reconstructionist, and he was not offered by
[Appellees] as an expert. As such, his police report and any reference
thereto should have been excluded from evidence as hearsay.” Id. at 32-33
(citing Harris v. Philadelphia Facilities Management Corp. and Danella
Companies, Inc., 106 A.3d 183 (Pa. Cmwlth 2014)).
In response to Appellant’s allegations, the trial court noted that she is
correct in that “75 Pa.C.S.[] § 3751(b)(4) of the Motor Vehicle Code states
‘the copy of the police report shall not be admissible as evidence in any
action for damages or criminal proceedings arising out of a motor vehicle
accident.’” TCO at 19. However, in the instant case, the police report was
not admitted into evidence at trial. Rather, it was simply used to refresh
Officer Jarrouj’s recollection of his accident investigation. See Pa.R.E.
612(a) (providing “a witness may use a writing or other item to refresh
memory for the purpose of testifying while testifying or before testifying”).
Here, “Officer Jarrouj referred to his own report during the course of
his testimony to refresh his memory. It was for this limited purpose that
Senior Judge Brenner permitted the report to be utilized.” TCO at 20
(citation to record omitted). We agree with the trial court’s determination
that this is an appropriate use of a police report by an investigating officer.
See Holland v. Zelnick, 478 A.2d 885, 888-89 (Pa. Super. 1984) (holding
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that the police officer who had taken down the information in order to
prepare the police report, but who did not witness the accident, was
permitted to refer to the police report in order to refresh his recollection
during his testimony at trial). Based on the foregoing, we discern no abuse
of discretion by the trial court in its decision to permit Officer Jarrouj to refer
to his police report for the purpose of refreshing his memory for his
testimony at trial.
To the extent that Appellant avers that accident reconstruction expert
John C. Scott’s reference to the police report was improper, we deem her
claim to be wholly without merit. “The admissibility of expert testimony is
soundly committed to the discretion of the trial court, and the trial court’s
decision will not be overruled absent a clear abuse of discretion.” Hatwood
v. Hospital of the University of Pennsylvania, 55 A.3d 1229, 1239 (Pa.
Super. 2012) (internal quotation marks and citations omitted). Moreover,
the Pennsylvania Rules of Evidence state:
[a]n expert may base an opinion on facts or data in the case that
the expert has been made aware of or personally observed. If
experts in the particular field would reasonably rely on those
kinds of facts or data in forming an opinion on the subject, they
need not be admissible for the opinion to be admitted.
Pa.R.E. 703 (emphasis added). The information contained in police reports
is of the type reasonably relied upon by accident reconstruction experts.
See, e.g., Wright v. Eastman, 63 A.3d 281, 289 (Pa. Super. 2013).
The third issue raised by Appellant regarding the dismissal of her
punitive damages claim appears to have been abandoned by Appellant in the
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argument section of her brief. Pursuant to Pennsylvania Rule of Appellate
Procedure 2119, which governs appellate briefs, “[t]he argument shall be
divided into as many parts as there are questions to be argued; and shall
have at the head of each part—in distinctive type or in type distinctively
displayed—the particular point treated therein, followed by such discussion
and citation of authorities as are deemed pertinent.” Pa.R.A.P. 2119(a).
Here, the issue is listed in Appellant’s statement of questions involved, but is
not developed at all in the argument section of her brief. “Issues not
properly developed or argued in the argument section of an appellate brief
are waived.” Kituskie v. Corbman, 682 A.2d 378, 383 (Pa. Super. 1996).
Thus, we are constrained to conclude that this issue has been waived.
Next, we address Appellant’s challenge to the weight of the evidence
to support the jury’s verdict.
Appellate review of a weight claim is a review of the trial court’s
exercise of discretion, not of the underlying question of whether
the verdict is against the weight of the evidence. Because the
trial judge has had the opportunity to hear and see the evidence
presented, an appellate court will give the gravest consideration
to the findings and reasons advanced by the trial judge when
reviewing a trial court’s determination that the verdict is against
the weight of the evidence.
Phillips v. Lock, 86 A.2d 906, 919 (Pa. Super. 2014) (quoting In re Estate
of Smaling, 80 A.3d 485, 490-91 (Pa. Super. 2013)). “It is well settled
that the jury is free to believe all, part, or none of the evidence and to
determine the credibility of the witnesses, and a new trial based on a weight
of the evidence claim is only warranted where the jury’s verdict is so
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contrary to the evidence that it shocks one’s sense of justice.”
Commonwealth v. Houser, 18 A.3d 1128, 1135-36 (Pa. Super. 2011).
As the trial court noted in assessing Appellant’s weight of the evidence
claim:
In the case at hand, this substantial burden has not been
met. Although [Appellant] argues this case of negligence is
clear, the jury witnessed the collision between [Appellant] and
the bus by viewing the video of the collision recorded from the
bus as it made the turn. The [j]ury watched the driver as he
looked at the corner and the intersection before he proceeded
with the turn. The [j]ury viewed the conditions of the road, time
of day, and weather through the video. The jury heard the
driver’s conversation with his girlfriend through his Bluetooth ear
piece and watched the traffic light change. One question in the
case was whether [Appellant] committed to the crosswalk before
the bus committed to its turn. The jury heard differing evidence
on that question. [Appellant] submitted a plethora of citations to
the transcript of the trial and the testimony of witnesses and
expert witnesses that would have supported a finding of
negligence on the part of [Mr. Griffin]. [Appellees] countered in
their Memorandum of Law in Opposition to [Appellant’s] Motion[]
with a list of transcript citations to the evidence presented at
trial supporting the verdict of no negligence on the part of
[Appellees]. Defense expert[,] John C. Scott, testified that there
was “no evidence of any distracted driving.” The jury heard []
Mr. Griffin testify that he “looked to his left and forward” at the
intersection before and while making the turn, and did not “cut”
the turn.
In regard to negligence cases, the issue of a party’s
negligence is a question for the jury. Duquesne Light Co. v.
Woodland Hills Sch. Dist., 700 A.2d 1038, 1046 (Pa. Cmwlth.
1997). The mere happening of an accident does not establish a
party’s negligence. Id. “It is within the province of the jury to
determine the reasonableness of each party’s actions and to
reconcile conflicting statements.” Strong v. Com., 817 A.2d
[576,] 584 [(Pa. 2003)] [(]citing Seewagen v. Vanderkluet,
488 A.2d 21 (Pa. Super. 1985)[)]. In Pennsylvania, “it is well
settled that a new trial will not ordinarily be granted on the
ground that the verdict is against the weight of the evidence
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where the evidence is conflicting and the jury might have found
for either party.” Dayen v. Penn Bus Co., 69 A.2d [151,] 154
[(Pa. 1949)].
In this case, [Appellees] controverted [Appellant’s]
evidence and the jury decided [Appellant] did not meet her
burden of proof. Here, because fact witnesses and expert
witnesses presented conflicting versions of the facts of the
accident and the driver’s actions, it was properly the jury’s
function to render a credibility determination. Strong…, 817
A.2d [at] 882…. Finally, this motion is directed to the discretion
of the [c]ourt and this [c]ourt, which did not view the witnesses
or video recording at trial, finds no reason to hold that the
verdict resulted from partiality, prejudice, ill-will, or bias. In
conclusion, a new trial is not appropriate in this case because the
verdict is not against the weight of the evidence.
TCO at 24-26 (citations to record omitted). After careful review, we
ascertain no abuse of discretion by the trial court.
Finally, Appellant asserts that the trial court “made errors in
evidentiary rulings which prejudiced [her] case in that certain key evidence
was either admitted improperly or precluded improperly.” Appellant’s Brief
at 21.
When we review a trial court ruling on admission of evidence, we
must acknowledge that decisions on admissibility are within the
sound discretion of the trial court and will not be overturned
absent an abuse of discretion or misapplication of law. In
addition, for a ruling on evidence to constitute reversible error, it
must have been harmful or prejudicial to the complaining party.
An abuse of discretion is not merely an error of judgment, but if
in reaching a conclusion the law is overridden or misapplied, or
the judgment exercised is manifestly unreasonable, or the result
of partiality, prejudice, bias or ill-will, as shown by the evidence
or the record, discretion is abused.
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Phillips v. Lock, 86 A.3d 906, 920 (Pa. Super. 2014) (quoting Stumpf v.
Nye, 950 A.2d 1032, 1035-36 (Pa. Super. 2008), appeal denied, 962 A.2d
1198 (Pa. 2008) (citation and quotation marks omitted)).
In her brief, Appellant lists 16 instances where the trial court overruled
objections or sustained objections which she claims collectively prejudiced
her presentation of her case, requiring a new trial. See Appellant’s Brief at
46-47. Appellant fails to identify, however, any specific errors regarding
each of the enumerated instances, nor does Appellant provide any legal
grounds in support of her assertion that these rulings were in error.
Appellant merely states that:
The net effect of these rulings, when taken as a whole, reveal
clear errors of law and a manifest abuse of discretion, and are
well beyond the pale of harmless error. Collectively, these
evidentiary rulings made by the [t]rial [c]ourt precluded
Appellant and her counsel from inquiring into relevant and
probative areas that supported Appellant’s version of the facts of
this accident, and which called into question certain of the
testimony of defense witnesses.
Id. at 47 (internal citations omitted).
“We have repeatedly held that failure to develop an argument with
citation to, and analysis of, relevant authority waives that issue on review.”
Harris v. Toys “R” Us-Penn, Inc., 880 A.2d 1270, 1279 (Pa. Super. 2005)
(citing Pa.R.A.P. 2119(b); Eichman v. McKeon, 824 A.2d 305, 319 (Pa.
Super. 2003)). See also Commonwealth v. Ellis, 700 A.2d 948 (Pa.
Super. 1997) (holding issue waived where appellant failed to develop his
argument, i.e., present any reason as to how the court erred or how he has
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been prejudiced, and failed to cite authority in support of his vague
contention). Moreover, we note that it is not the job of this Court to develop
arguments on behalf of Appellant. See Commonwealth v. Hardy, 918
A.2d 766, 771 (Pa. Super. 2007). In fact, “when defects in a brief impede
our ability to conduct meaningful appellate review, we may … find certain
issues to be waived.” Id. Based on the foregoing, we deem Appellant’s
final issue to be waived.
Judgment affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/6/2017
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