DAMAGES-PAIN AND SUFFERING

Hamm v. Perano, PA No. 20-00598 (C.P. Lycoming June 22, 2022) (Linhardt, J.)  Plaintiff commenced this action on June 9, 2020 by filing a Complaint. Plaintiff alleges that on May 23, 2019, while performing yardwork at the mobile home lot she rented from Defendants, she fell through an unsecured manhole cover, causing her to sustain serious bodily injury. Plaintiff claims that as owners of the premises, Defendants negligently failed to secure the cover, inspect the property for dangerous conditions, or take reasonable other affirmative actions to prevent Plaintiff from harm. In the absence of any positive law indicating that the “discomfort, inconvenience, and distress” that may attend ongoing doctor’s visits is excepted from this general requirement, the Court will allow Plaintiff to present evidence of the need for future medical treatment to the jury, both to establish this specific component of pain and suffering and as evidence of Plaintiff’s future pain and suffering generally. Although it is quite possible the jury could view these as “transient rubs of life” that do not warrant compensation, it is for the jury rather than the Court to make that determination in the first instance.