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Alexander et al. v. Knight

Superior Court of Pennsylvania
Jan 16, 1962
197 Pa. Super. 79 (Pa. Super. Ct. 1962)

Summary

In Alexander v. Knight, 197 Pa. Super. 79, 177 A.2d 142 (1962), a Dr. Murtagh had examined and treated one of the plaintiffs shortly after the accident upon which suit was brought.

Summary of this case from Hammonds v. Aetna Casualty Surety Company

Opinion

December 11, 1961.

January 16, 1962.

Practice — New trial — Verdict — Inadequacy — Personal injuries — Pain and suffering — Injury prolonged by emotional instability.

In an action for injuries arising out of a motor vehicle collision case, in which it appeared that the court below, holding that the verdicts for the respective plaintiffs were palpably inadequate, that as to certain plaintiffs the verdicts reflected no consideration, and, as to one plaintiff, wholly inadequate consideration, for pain and suffering, that the jury arbitrarily ignored established damages without proper necessity or basis for compromise, and that defendant was not relieved of responsibility for the injuries of one of the plaintiffs because in part they were prolonged by emotional instability, granted a new trial in the interest of justice, it was Held that the order of the court below should be affirmed.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

Appeals, Nos. 236, 237, 238, and 239, Oct. T., 1961, from order of Court of Common Pleas No. 3 of Philadelphia County, Dec. T., 1957, No. 47, in case of Vincent Alexander et al. v. Arthur E. Knight. Order affirmed.

Same case in court below: 25 Pa. D. C. 2d 649.

Actions of trespass for personal injuries. Before WATERS, J.

Verdicts for plaintiff Vincent in the amount of $752, plaintiff Francis in the amount of $1,000, plaintiff Rose in the amount of $30, and plaintiff Michael in the sum of $25; plaintiffs' motion for new trial granted. Defendant appealed.

Charles L. Ford, with him Max E. Cohen, for appellant.

Romolo J. DiCintio, with him Edward W. Furia, and Furia DiCintio, for appellees.


Argued December 11, 1961.


The order of the Court of Common Pleas No. 3 of Philadelphia County is affirmed on the opinion of Judge CHARLES A. WATERS for the court below, reported at 25 Pa. D. C. 2d 649.


Summaries of

Alexander et al. v. Knight

Superior Court of Pennsylvania
Jan 16, 1962
197 Pa. Super. 79 (Pa. Super. Ct. 1962)

In Alexander v. Knight, 197 Pa. Super. 79, 177 A.2d 142 (1962), a Dr. Murtagh had examined and treated one of the plaintiffs shortly after the accident upon which suit was brought.

Summary of this case from Hammonds v. Aetna Casualty Surety Company

In Alexander v. Knight, 1962, 197 Pa. Super. 79, 177 A.2d 142, the court, in speaking of the loyalty required of a doctor to his patient feature, said: "That further includes a duty to refuse affirmative assistance to the patient's antagonist in litigation."

Summary of this case from Schaffer v. Spicer

In Alexander, the Superior Court of Pennsylvania, an intermediate appellate court, declared that physicians "stand in a confidential or fiduciary capacity as to their patients."

Summary of this case from Butler-Tulio v. Scroggins

In Alexander v. Knight, 197 Pa.Super. 79, 177 A.2d 142 (1962), the plaintiff wife had suffered whiplash in a car accident.

Summary of this case from Moses v. McWilliams

noting that a treating doctor owes "a duty to refuse affirmative assistance to the patient's antagonist in litigation"

Summary of this case from Stigliano v. Connaught Laboratories

In Alexander v. Knight, 197 Pa. Super. 79, 177 A.2d 142 (Super.Ct. 1962), where a verdict in favor of plaintiffs in a motor vehicle case was set aside as inadequate, one of plaintiff's treating physicians had given a report to a physician investigating the case for defendants.

Summary of this case from Piller v. Kovarsky
Case details for

Alexander et al. v. Knight

Case Details

Full title:Alexander et al. v. Knight, Appellant

Court:Superior Court of Pennsylvania

Date published: Jan 16, 1962

Citations

197 Pa. Super. 79 (Pa. Super. Ct. 1962)
177 A.2d 142

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