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Nigra v. Walsh

Personal injury defendant's counsel violated collateral source rule where opening statements and certain questions suggested to jury that plaintiffs were receiving social security disability benefits.

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OPINION

� 1 Appellant, Robert Nigra, *fn2 appeals from the August 1, 2001 *fn3 judgment entered by the Court of Common Pleas of Montgomery County in favor of Appellee, Joseph P. Walsh, Jr. Upon review, we reverse and remand for a new trial consistent with this memorandum.

� 2 The factual and procedural background of this case are as follows: Appellant commenced this personal injury action as result of a March 5, 1994 motor vehicle accident which occurred when the vehicle driven by Appellee collided with the vehicle in which Appellant was a passenger. That vehicle was being operated by Appellant’s wife, Kathleen Nigra. While Appellant claimed to have suffered injuries, in the nature of disc herniations, as a result of this collision, Kathleen Nigra made no such claim. Appellant also claimed that as a result of the injuries suffered from the accident, he was forced to close down his gas station. At the trial held on January 25, 2001, Appellee admitted his negligence in this matter but argued that his negligence was not the proximate cause of Appellant’s injuries. The jury returned a verdict in favor of Appellee, finding that his negligence was not the proximate cause of Appellant’s injuries.

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