Legal Opinion

Fischer v. Troiano

Pennsylvania Court of Common Pleas, Lackawanna County

Decided January 12, 2000No. 96-CV-753Published

1Opinion of the Court

NEALON, J.,

— Plaintiffs, Robert Fischer and Stella Fischer, have filed a motion for a new trial on damages only and a petition for delay damages under Pa.R.C.P. 238 following a verdict in their favor in which the jury declined to award any noneconomic damages. Since the defense medical expert testified that plaintiff, Stella Fischer, sustained a vertebral fracture which took at least three months to resolve, the motion for a new trial on damages only will be granted on her behalf, *373but denied with respect to the personal injury and consortium claims of plaintiff, Robert Fischer. In light of…

2Cases cited29 opinions

  1. Thompson v. City of PhiladelphiaSupreme Court of Pennsylvania · 1985
  2. Kiser v. SchulteSupreme Court of Pennsylvania · 1994
  3. Martin v. EvansSupreme Court of Pennsylvania · 1998
  4. Neison v. HinesSupreme Court of Pennsylvania · 1995
  5. Boggavarapu v. PonistSupreme Court of Pennsylvania · 1988

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