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Monschein v. Phifer

Lower court did not abuse its discretion by ordering a new trial where jury's award for lost earnings was inconsistent with its failure to award damages for pain and suffering; lower court correctly excluded testimony regarding loss of wages suffered by wife/employee of auto accident victim because she had no direct claim for lost wages.

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� 1 This action was initiated by Clair Monschein (“Mr. Monschein”) and Judith Monschein, (“Mrs. Monschein”) his wife, as a result of an automobile accident involving Mr. Monschein and Charles Phifer (“Phifer”). Phifer filed an appeal at 467 WDA 2000. The Monscheins filed a cross-appeal at 497 WDA 2000.

� 2 Mr. Monschein was a self-employed master electrician. His wife assisted him in his business, working as a secretary and bookkeeper and was paid for her services. Mr. Monschein was involved in an automobile accident with Phifer in November of 1997. As a result of the accident, Mr. Monschein sustained an injury. Due to the injury, he was unable to perform certain physical aspects of his job. Mr. Monschein asserts that due to this injury and inability to perform aspects of his job, his business suffered financially. Because of these financial problems, Mr. Monschein did not pay his wife her usual wages for the years 1998 and 1999. The Monscheins filed suit against Phifer in order to recover damages for injuries Mr. Monschein suffered.

� 3 The matter proceeded to a jury trial in November 1999. In an attempt to establish damages, the Monscheins presented lay testimony on liability as well as the testimony of Dr. Kruszewski and Dr. Lupo, regarding Mr. Monschein’s injury. The Monscheins also sought to introduce the expert testimony of Jay K. Jarrell on the issues of loss of earnings and earning capacity of Mr. Monschein. The trial court did not permit Mr. Jarrell to testify as to his original analysis of loss of income to Mr. Monschein’s business, which analysis included the factoring in of back wages not paid to Mrs. Monschein for 1998 and 1999, in the amount of $204,005.06. Instead, Mr. Jarrell was permitted to present testimony only on a calculation of loss of income that did not factor in wage expenses owed Mrs. Monschein, in the amount of $87,735.06.

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