Laubach v. Haigh, 252 A.2d 682 (Pa. 1969). · Go Syfert
Laubach v. Haigh, 252 A.2d 682 (Pa. 1969). Cases Citing This Book View Copy Cite
115 citation events (15 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Com. v. Gutshall, S.
Pa. Super. Ct. · 2016 · confidence medium
The decision of relevance rests in the Court's "sound discretion[.]" Laubach v. Haigh, 252 A.2d 682, 683 (Pa. 1969). 3 In determining the admissibility of evidence: "[T]he admission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly abused its discretion.
discussed Cited as authority (rule) Bashir v. Ajaye
pactcomplphilad · 2010 · confidence medium
DISCUSSION (A) The Court Properly Allowed the Testimony of Defendant’s Medical Expert Witness, Dr. Michael Brooks The court was correct in allowing the videotape testimony of defendant’s medical expert because plaintiffs had ample notice of the deposition testimony and plenty of time to depose Dr. Brooks. [I]t is well established that admission of expert-opinion evidence is a matter for the discretion of the trial court and will not be reversed, overruled or disturbed unless there was a clear abuse of discretion.” Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969).
discussed Cited as authority (rule) Crystal Forest Associates, LP v. Buckingham Township Supervisors (2×)
Pa. Commw. Ct. · 2005 · confidence medium
With respect to the issue of Dr. Edel-stein’s competency, it is “well established that the admission of expert-opinion evidence is a matter for the direction of the trial [c]ourt and will not be reversed, overruled or disturbed unless there was a clear abuse of discretion.” Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969).
cited Cited as authority (rule) Fultz v. Fine
pactcompldelawa · 1998 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Kubit v. Russ, 287 Pa. Super. 28 , 429 A.2d 703 (1981).
cited Cited as authority (rule) Taylor v. Celotex Corp.
Pa. · 1990 · confidence medium
See also: Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Kubit v. Russ, 287 Pa.Super. 28, 34-35 , 429 A.2d 703, 706 (1981).
discussed Cited as authority (rule) Garcia v. Bang
pactcompllancas · 1987 · confidence medium
The law in Pennsylvania “is well established that the admission of expert-opinion evidence is a matter for the discretion of the trial court and will not be reversed, overruled or disturbed unless there was a clear abuse of discretion.” Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683-4 (1969). (citations omitted) From our review of the record before us, we conclude that the trial court did not abuse its discretion in refusing to permit Mr. Kulam to testify regarding his findings of organic brain damage.
discussed Cited as authority (rule) Commonwealth v. Gallagher (2×)
Pa. · 1986 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Kubit v. Russ, supra 287 Pa.Superior Ct. at 35, 429 A.2d at 706 .
cited Cited as authority (rule) Klyman v. Southeastern Pennsylvania Transportation Authority
Pa. · 1984 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Kubit v. Russ, 287 Pa.Super. 28 , 429 A.2d 703 (1981).
discussed Cited as authority (rule) AUGUSTINE BY AUGUSTINE v. Delgado
Pa. · 1984 · confidence medium
Laubach v. Haugh, [Haigh], 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Kubit v. Russ, 287 Pa.Superior Ct. 28, 429 A.2d 703 (1981). *204 Klyman v. Southeastern Pennsylvania Transportation Authority, (J. 2494/83, filed April 19, 1984), slip op. at 5. 3 .
discussed Cited as authority (rule) Brogley v. Chambersburg Engineering Co.
Pa. Super. Ct. · 1982 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Kubit v. Russ, 287 Pa.Super. 28, 34-35 , 429 A.2d 703, 706 (1981); Junk v. East End Fire Department, 262 Pa.Super. 473, 492 , 396 A.2d 1269, 1278 (1978); Hussey v. May Department Stores, Inc., 238 Pa.Super. 431, 435 , 357 A.2d 635, 637 (1976).
cited Cited as authority (rule) Kubit v. Russ
Pa. Super. Ct. · 1981 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Junk v. East End Fire Dept., 262 Pa.Super. 473 , 396 A.2d 1269 (1978).
discussed Cited as authority (rule) Junk v. East End Fire Department (2×)
Pa. Super. Ct. · 1978 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Hussey v. May Department Stores, Inc., 238 Pa. Super. 431, 435 , 357 A.2d 635, 637 (1976).
discussed Cited as authority (rule) Commonwealth v. Daniels
Pa. · 1978 · confidence medium
Co., 323 Pa. 295, 301 , 186 A. 125 (1936); Stevenson v. East Deer Township, 379 Pa. 103, 106 , 108 A. 815 (1954).” Accord: Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969); Commonwealth v. Nasuti, 385 Pa. 436, 443 , 123 A.2d 435, 438 (1956) (“Expert testimony is admissible in all cases, civil and criminal alike, when it involves explanations and inferences not within the range of ordinary training, knowledge, intelligence and experience.”).
cited Cited as authority (rule) Hussey v. May Department Stores, Inc.
Pa. Super. Ct. · 1976 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969).
cited Cited as authority (rule) Nixon Hotel, Inc. v. Redevelopment Authority
Pa. Commw. Ct. · 1974 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 491 , 252 A. 2d 682, 683 (1969).
cited Cited as authority (rule) ELDRIDGE Et Ux. v. MELCHER
Pa. Super. Ct. · 1973 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 490 , 252 A. 2d 682, 683 (1969).
cited Cited as authority (rule) Eldridge v. Melcher
Pa. Super. Ct. · 1973 · confidence medium
Laubach v. Haigh, 433 Pa. 487, 490 , 252 A. 2d 682, 683 (1969).
examined Cited "see" Kravinsky v. Glover (4×)
Pa. Super. Ct. · 1979 · signal: see · confidence high
See Daubach v. Haigh, 433 Pa. 487, 491 , 252 A.2d 682, 683 (1969).
discussed Cited "see" Green v. Parisi (2×)
3rd Cir. · 1973 · signal: see · confidence high
See Laubach v. Haigh, 433 Pa. 487 , 252 A.2d 682 (1969) ; Bragdon, Admr. v. Pittsburgh Railways Co., 375 Pa. 307 , 100 A.2d 378 (1953).
cited Cited "see" Stein v. General Motors Corp.
pactcomplbucks · 1972 · signal: see · confidence high
See Laubach v. Haigh, 433 Pa. 487, 491 (1969).
Retrieving the full opinion text from the archive…
Laubach, Appellant,
v.
Haigh
Appeal, 140.
Supreme Court of Pennsylvania.
Apr 23, 1969.
252 A.2d 682
Robertson B. Taylor, with him Francis H. S. Ede, Robert H. Holland, and Kolb, Holland, Antonelli & Heffner, for appellant., Preston W. Moritz, with him E. Jerome Brose, and Brose, Poswistilo & LaBarr, for appellee.
Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy.
Cited by 58 opinions  |  Published

Opinion by

Mr. Chief Justice Bell,

Plaintiff appeals from the refusal of the lower Court to remove a compulsory nonsuit entered in a trespass action arising from an automobile accident. The pertinent principles of law are well settled: (1) a non-suit can be entered only in clear cases and plaintiff must be given the benefit of all evidence favorable to him together with all reasonable inferences of fact arising therefrom, and any conflict in the evidence must be resolved in his favor; (2) plaintiff or his personal representative has the burden of proving by a fair preponderance of the evidence that defendant was negligent and that his negligence was the proximate cause of the accident; (3) the mere happening of an accident does not establish negligence nor raise an inference or presumption of negligence nor make out a prima facie case of negligence; (4) the presumption which exists in a wrongful-death action that the decedent exercised due care (a) is a rebuttable presump[*490] tion and. (b) does not establish negligence, on the part of the defendant; (5) a jury will not be allowed to find a verdict based on surmise or guess; and (6) if circumstantial evidence is relied upon for recovery, it must describe, picture or visualize what actually happened in order to enable the fact-finding tribunal reasonably to conclude that defendant was guilty of negligence and that his negligence was the proximate cause of the accident: Hardy v. Clover Leaf Mills, 426 Pa. 206, 232 A. 2d 755; Flagiello v. Crilly, 409 Pa. 389, 187 A. 2d 289; Lescznski v. Pittsburgh Rwys. Co., 409 Pa. 102, 185 A. 2d 538; Fegely v. Costello, 417 Pa. 448, 208 A. 2d 243; and the many cases cited therein.

Plaintiff-administratrix’s decedent died as a result of an automobile collision on April 17, 1966. There was no eyewitness of- the automobile collision which resulted in plaintiff’s decedent’s death, and no evidence as to speed or the point or cause of collision. The parties, stipulated that plaintiff’s decedent and defendant were driving along Route 512 in opposite directions, and that after the collision each automobile was found on its proper side of the road but facing in the direction opposite from that in which it had been traveling. This evidence is insufficient to prove that defendant was negligent.

Plaintiff contends that the lower Court erred in not admitting into evidence the opinion of an expert witness, who was a traffic engineer, as to the angle of impact and the point of collision on the highway. There was no evidence that this witness was familiar with the scene of the accident or had examined the vehicles involved at any time before or after the accident. The plaintiff proposed to ask the witness to establish the. angle of impact and point of collision on the highway, as well as the cause of the accident and the actions and directions of travel of the vehicles after[*491] contact to tbeir ultimate stopping places. Assuming, arguendo, that the hypothetical question which plaintiff proposed to ask the witness contained all the important and essential facts concerning the two automobiles, such evidence would not be admissible in this case; it would at most amount to a guess, or express an opinion which would be based on mere conjecture. Furthermore, it is well established that the admission of expert-opinion evidence is a matter for the discretion of the trial Court and will not be reversed, overruled or disturbed unless there was a clear abuse of discretion: McCullough v. Holland Furnace Co., 293 Pa. 45, 50, 141 Atl. 631; Griffith v. Clearfield Truck Rentals, Inc., 427 Pa. 30, 41, 44, 233 A. 2d 896; Cooper v. Metropolitan Life Ins. Co., 323 Pa. 295, 301, 186 Atl. 125; First Methodist Episcopal Church v. Bangor Gas Co., 7 Pa. D. & C. 2d 730, 741, aff'd P. C. 388 Pa. 115, 130 A. 2d 517.

Order affirmed.