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defendantdamagestrialverdict

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Pezzulli v. D’Ambrosia, 344 Pa. 643, 26 A.2d 659

Facts

Charles Pezzulli, a twelve-year-old boy, was fatally injured when struck by a truck operated by an employee of Carmen D'Ambrosia. He lost consciousness and died shortly after the accident. His father, as administrator of his estate, filed two consolidated actions: one under the death act for funeral expenses and loss of services, and another under the survival act for pain and suffering and loss of future earnings. The jury awarded $3,750 in the survival action, but the trial judge later granted a new trial, claiming the jury was misinstructed on the measure of damages.

Charles Pezzulli, a lad twelve years of age, was struck and fatally injured by a truck operated by defendant's employe.

Issue

What is the proper measure of damages in a survival action under the Act of July 2, 1937, for injuries caused by negligence that result in death?

What is the proper measure of damages in a suit under the act of 1937?

Rule

The measure of recovery under the Act of July 2, 1937, is the present worth of the loss of earnings during the life expectancy of the deceased, without deducting the cost of maintaining the deceased.

The measure of recovery under the act of 1937 is identical with that where, under section 18 of the act of 1851, as re-enacted by section 35(a) of the Act of 1917, the executor or administrator continues an action brought by the injured person in his lifetime.

Analysis

The appellate court analyzed the trial judge's instructions and concluded that the measure of damages applied was more favorable to the defendant than what the law provided. The court emphasized that the damages should reflect the full economic value of the deceased's life, including potential earnings, rather than a reduced amount based on maintenance costs. The court found that the trial judge's reasoning for granting a new trial was flawed and did not align with established legal principles.

The appellate court analyzed the trial judge's instructions and concluded that the measure of damages applied was more favorable to the defendant than what the law provided.

Conclusion

The appellate court reversed the order granting a new trial and directed that judgment be entered on the jury's verdict of $3,750.

The order granting defendant a new trial is reversed, and the record is remitted, with directions to enter judgment on the verdict.

Who won?

Dominic Pezzulli, as the administrator of the estate of Charles Pezzulli, prevailed in the case because the appellate court found that the jury's verdict was supported by the correct application of the law regarding damages.

Dominic Pezzulli, administrator of the estate of Charles Pezzulli, prevailed in the case because the appellate court found that the jury's verdict was supported by the correct application of the law regarding damages.

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