Post-Trial Rulings By Trial Court in MVA Case Affirmed on Appeal

In their non-precedential decision in the case of Major v. Five Star Equipment, Inc., No. 735 MDA 2025 (Pa. Super. June 30, 2026 Panella, P.J.E., King, J., and Lane, J.) (Mem. Op. by King, J.), the Pennsylvania Superior Court affirmed the post-trial rulings issued by Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas related to a motor vehicle versus pedestrian accident case.

According to the Opinion, at a bifurcated trial, the jury attributed 75% of the responsibility for the happening of the accident to the Plaintiff and 25% to the Defendant.

On appeal, the Plaintiff challenged portions of the verdict slip and related jury instructions. The Plaintiff also asserted that the trial court had erred prior to trial in granting partial summary judgment on behalf of the Defendant and dismissing the Plaintiff’s claim for recklessness and in excluding post-accident evidence regarding the Defendant driver’s competence. The Plaintiff also argued that the trial court abused its discretion in bifurcating the trial.

Here, the court had bifurcated the trial based upon the fact that, after the parties were given a trial date with a certain number of trial days based on what the parties had advised the Court as to how much trial time was needed, the parties listed additional witnesses which led the court to conclude that it was highly unlikely that the parties would finish the trial within the allocated time period requested. As such, the court bifurcated the trial to avoid unnecessary cost and to facilitate the interests of judicial economy. The trial was bifurcated into liability and damages phases.

The appellate court rejected the Plaintiff’s argument that they were entitled to a new trial on the basis that the trial court had incorrectly bifurcated the case. The appellate court emphasized that the decision whether or not to bifurcate a case is entrusted to the broad discretion of the trial court, which is considered to be in the best position to evaluate the necessity for bifurcation.

Here, after consultation with the parties, the trial court had scheduled five (5) days for trial based upon the parties estimation as to the amount of time they believed the trial would take. Later, at a pre-trial conference, the parties then indicated that they intended to call eleven (11) lay witnesses and nine (9) expert witnesses to testify. The parties further estimated that one of the four days scheduled for trial would be taken up by the jury selection process, the court’s introductory instructions, and counsel’s opening statements.

The trial court had determined that it was highly unlikely that the remaining four (4) days of trial would be sufficient time for all of their testimony, closing arguments, jury instructions and deliberations. The trial court had expressed a concern that it would be forced to declare a mistrial if the trial is not completed within the allotted time. The appellate court agreed with the trial court’s conclusion that the interest of judicial economy and conveniens supported the bifurcation of the case. The appellate court was not swayed by the Plaintiff’s argument that the trial actually ended up only taking three (3) days to complete.

On appeal, the appellate court otherwise agreed with the trial court that the Plaintiff had waived her claim of error with regards to the Verdict slip.  The appellate court otherwise agreed with the trial court that separate questions as to each theory of negligence asserted against the Defendant company were unnecessary given that the trial court’s jury instructions specified and explained all of the theories of negligence involved in the case. The appellate court found that the trial court had repeatedly instructed the jury that, if they found negligence on any of the grounds described during the jury instructions, the jury must find that the Defendant company was negligent.

With regards to the trial court having issued a partial summary judgment against the Plaintiff’s claims of recklessness, the appellate court reviewed the law of punitive damages and, after a review of the trial record, found that the Plaintiff failed to produce any evidence to support the claims of recklessness. As such, the appellate court stated that the trial court did not err in dismissing the Plaintiff’s punitive damages claims whether in terms of the direct actions of the Defendant company or on the basis of vicarious liability.

Based upon the above reasons, the appellate court affirmed all of the trial court’s post-trial rulings.

Anyone wishing to review a copy of this decision may click this LINK.

To view the Tort Talk post on Judge Nealon's trial court Opinion and for access to a Link to that Opinion, please click HERE.