Superior Court 4/14/08 - YURIY KOPYTIN AND YELENA KOPYTIN v. WILLIAM ASCHINGER AND ANNE ASCHINGER

YURIY KOPYTIN AND YELENA KOPYTIN v. WILLIAM ASCHINGER AND ANNE ASCHINGER
No. 98 EDA 2007 2008 PA Super 68 Atlantic: n/a Filed: 4/14/2008
Appeal from the Judgment entered January 9, 2007 In the Court of Common Pleas of Bucks County Civil No. 2003-03731
Before: KLEIN, BENDER and KELLY, JJ.
Opinion by: KELLY, J.
Dissenting Opinion by: KLEIN, J.
This is an appeal from a judgment for Appellant in the amount of $2,540.92 representing unreimbursed medical expenses in an action based on claims of personal injury incurred in an automobile accident. Finding the award inadequate, and the trial court’s construction of Pa.R.C.P. 1311.1 incorrect, we vacate and remand.

Appellant has presented six issues, first challenging the amount of the verdict as inconsistent with the evidence, and then assigning error to the trial court’s refusal to allow publication to the jury of his expert reports, its adverse ruling on Appellant’s objection to Appellee’s adverse inference argument during closing statements, its admission of Appellee’s surveillance tape, and its allowing Appellee to cross-examine Appellant’s medical expert on prior testimony and documents relating to other patients.