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2003 Pa. Super. 229

827 A.2d 1209

Kaufman v. Campos

Superior Court of Pennsylvania

Decided June 13, 2003

Superior Court of Pennsylvania · decided 2003-06-13

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-13

How this case has been cited

Cited by 11 later decisions — most recently August 2024

11 state decisions

60200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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POPOVICH, J.,

¶1Concurring and Dissenting.

¶2¶ 1 I agree with the majority that Kaufman waived her issue with the trial court’s *1213instruction to the jury regarding the pain and suffering award because she failed to make a timely and specific objection. However, I disagree with the majority’s conclusion that the mere fact that the damage award equaled the amount of the medical bills does not mean that the jury failed to award any damages for pain and suffering. The majority states, “[Ujnder the law and the facts of this case, some award for pain and suffering was necessary.” Slip Op. at 5. Considering that the jury asked the trial court, “[I]f we want the plaintiff to receive medical expenses only how do we fill out question number 5 and 6,” I find it difficult to conclude that the jury award of $8,228.99, which was the exact amount of the medical expenses, included any amount for pain and suffering. It is true that we cannot speculate to the manner of the jury’s deliberations, but it seems more than coincidence that the award amount would equal the exact amount of the medical bills. However, since Kaufman failed to object and this issue was waived, I concur in the result.

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