Tuesday, September 5, 2017

Pennsylvania Superior Court Addresses Several Notable Trial Evidentiary Issues

In the case of Crespo v. Hughes, 2017 Pa. Super. 230 (Pa. Super. July 18, 2017 Ransom, Penella, Shogan, J.J.) (Op. by Ransom, J.), the Pennsylvania Superior Court addressed several civil litigation trial issues.

In this decision, the court confirmed that liability for loss of future income is established by evidence of shortened economic horizons, not actual income.  

Relative to the loss of future earnings claim, the appellate court also affirmed the trial court's exclusion of the plaintiff's alleged marijuana use as well as his alleged failure to pay child support.  The court agreed that any probative value of this evidence with respect to the wage loss claim was outweighed by the danger of unfair prejudice.

On a medical evidence issue, the Superior Court noted that a treating physician could give factual evidence of causation even without filing an expert report where that information was included in the doctor’s treatment notes.  

On another evidentiary issue, the appellate court confirmed that a conviction for receiving stolen property is crimen falsi crime that was admissible against the Plaintiff under Pa. R.E. 609).  

 Anyone wishing to review a copy of this decision may HERE.

I send thanks to Attorney James Beck of the Philadelphia law office of Reed Smith for bringing this case to my attention.  

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