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Bennyhoff v. Pappert

Two million dollar personal injury verdict was not excessive where plaintiff required extensive treatment and suffered continuing pain and limitation after being knocked from bicycle by defendant.

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� 1 Francis Pappert, Jr., and Brooks Armored Car Service, Inc., appeal from an October 30, 2000 entry of judgment in favor of Christine and Eric Bennyhoff. We affirm.

� 2 This appeal stems from a June 16, 1997 collision between a Brooks armored car driven by Pappert, and a bicycle ridden by Christine Bennyhoff. She testified that the accident occurred as follows: On the morning of June 16, 1997, she was bicycling to her gym at the corner of Broad and Locust Streets in Philadelphia. N.T. 7/19/00 at 192-193, 195. Bennyhoff was travelling in the right hand northbound lane of Broad Street. Id. at 198. The light at the intersection of Broad Street and Locust Street was red as Bennyhoff approached it. Id. at 201. When the light turned green, she began to pedal her bike into the crosswalk area where pedestrians crossed Locust Street. Id. at 207. As she entered the crosswalk area, Bennyhoff felt something hit her left shoulder from behind Id. at 210, 213. She remained upright, but was pushed further into the crosswalk area, toward the pedestrians who were crossing Locust Street. Id. at 213. As she tried to avoid hitting the pedestrians, she was hit a second time and knocked to the ground, landing on her knees with her arms stretched in front of her. Id. at 215-216. The entire incident occurred in a matter of seconds. Id. at 221.

� 3 The Bennyhoffs filed a complaint against Appellants on January 26, 1999. A jury trial began on June 19, 2000, and on June 21, 2000 the jury found in favor of the Bennyhoffs. On June 27, 2000, the jury’s verdict was molded to $2,011,340.00 in favor of Christine Bennyhoff and to $2,000.00 in favor of Eric Bennyhoff, to reflect the jury’s conclusion that 67% of the causal negligence was caused by Pappert, 33% by Christine Bennyhoff.

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