Kraus v. Taylor, 710 A.2d 1142 (Pa. Super. Ct. 1998). · Go Syfert
Kraus v. Taylor, 710 A.2d 1142 (Pa. Super. Ct. 1998). Cases Citing This Book View Copy Cite
127 citation events (110 in the last 25 years) across 21 distinct courts.
Strongest positive: Com. v. Woodham, J. (pasuperct, 2023-09-21)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Top citers, strongest first. 43 distinct citers.
discussed Cited as authority (verbatim quote) Com. v. Woodham, J.
Pa. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
we agree that the evidence of appellant's chronic drug and alcohol abuse was highly prejudicial.
discussed Cited as authority (verbatim quote) Hatchigian, D. v. PECO/EXELON
Pa. Super. Ct. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
although we frequently turn to the wisdom of our colleagues on the commonwealth court for guidance, the decisions of that court are not binding on this court.
discussed Cited as authority (verbatim quote) Dembinski v. Thomas
pactcompllehigh · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
evidence of chronic drug and alcohol abuse was highly prejudicial
discussed Cited as authority (quoted) A. Scott Enterprises, Inc. v. City of Allentown
Pa. Commw. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence low
the argument section of appellant's brief relating to this issue does not analyze the evidence in the light most favorable to appellee taylor, the verdict winner.
discussed Cited as authority (quoted) Byrd v. Sacco (2×) also: Cited as authority (rule)
pactcomplphilad · 2006 · signal: accord · quote attribution · 1 verbatim quote · confidence high
an issue raised in a post-trial motion is waived unless it is briefed or argued in post-trial proceedings
discussed Cited as authority (rule) Lazorka, M. v. UPMC Bedford (2×)
Pa. Super. Ct. · 2024 · confidence medium
Kraus, 710 A.2d at 1143-44 (internal citation omitted).
discussed Cited as authority (rule) Lazorka, M. v. UPMC Bedford
Pa. Super. Ct. · 2024 · confidence medium
Finally, relevant evidence of this kind may nonetheless “be excluded if its probative value is substantially outweighed by danger of unfair prejudice or confusion.” Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super. 1998) (cleaned up).
cited Cited as authority (rule) Com. v. Fornah, G.
Pa. Super. Ct. · 2022 · confidence medium
Karus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super. 1998). 7 Fornah makes no claim that the facts to which Trooper Roberts testified were incorrect.
discussed Cited as authority (rule) Spencer, K. v. Johnson C.
Pa. Super. Ct. · 2021 · confidence medium
Additionally, a panel of this Court has also stated that “[w]hen such tables are submitted in a personal injury case, the jury must be permitted to consider individual characteristics that impact on the injured party’s life expectancy.” Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa. Super. 1998) (citation omitted).
discussed Cited as authority (rule) Spencer, K. v. Johnson C.
Pa. Super. Ct. · 2021 · confidence medium
Additionally, a panel of this Court has also stated that “[w]hen such tables are submitted in a personal injury case, the jury must be permitted to consider individual characteristics that impact on the injured party’s life expectancy.” Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa. Super. 1998) (citation omitted).
discussed Cited as authority (rule) Coughlin, A., Aplt. v. Massaquoi, U. (2×)
Pa. · 2017 · confidence medium
Consistent with Clinton, in Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa. Super. 1998), the Superior Court held that evidence of a pedestrian’s .25 BAC was properly admitted where it was accompanied by “substantial evidence of [pedestrian’s] intoxication at the time of the accident” — namely, expert testimony that a .25 BAC would have severely impaired the pedestrian’s motor skills and judgment, and testimony from the responding officer that he smelled alcohol on the pedestrian’s breath shortly after the accident.
cited Cited as authority (rule) Stocki v. Nunn
Wyo. · 2015 · confidence medium
This distinction was explained in Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super.Ct.1998), where a Pennsylvania court distinguished between evidence of alcohol use and cirrhosis of the liver.
discussed Cited as authority (rule) Octave ex rel. Octave v. Walker (2×)
Pa. · 2014 · confidence medium
The court further reasoned the information sought “relates directly to the issue of DOT’S and Walker’s liability, the defenses raised by Walker and DOT, and is information which impacts upon causation[, which] ... is certainly critical in a trial of a negligence action, if not more so than damages.” Id.; see Gormley v. Edgar, 995 A.2d 1197, 1206 (Pa.Super.2010) (holding plaintiff waived Judicial Code’s confidentiality protections for mental health records by seeking damages for anxiety); Kraus v. Taylor, 710 A.2d 1142, 1145 (Pa.Super.1998) (holding plaintiff waived MHPA’s and Judic…
cited Cited as authority (rule) Freeman v. Tagliaferri
pactcompllycomi · 2013 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1143-44 (Pa. Super.
discussed Cited as authority (rule) Octave ex rel. Octave v. Walker (2×)
Pa. Commw. Ct. · 2011 · confidence medium
The Superior Court went on to state: We cannot believe that the Pennsylvania General Assembly intended to allow a plaintiff to file a lawsuit and then deny a defendant relevant evidence, at plaintiff’s ready disposal, which mitigates defendant’s liability.... rather, the General Assembly must have intended the privileges to yield before the state’s compelling interest ‘in seeing that truth is ascertained in legal proceedings and fairness in the adversary process.’ Kraus, 710 A.2d at 1145 (emphasis added).
cited Cited as authority (rule) Masello v. Stanley Works, Inc.
D.N.H. · 2011 · confidence medium
Air Lines, Inc., 279 F.2d 119, 121 (2d Cir.1960); Kraus v. Taylor, 710 A.2d 1142, 1143-44 (Pa.Super.Ct.1998); Pearce v. Fletcher, 74 N.C.App. 543 , 328 S.E.2d 889, 890 (1985); Christopher B.
cited Cited as authority (rule) Masello v. The Stanley Works et al.
D.N.H. · 2011 · confidence medium
Taylor, 710 A.2d 1142, 1143-44 (Pa. Super.
discussed Cited as authority (rule) Callahan v. National Railroad Passenger Corp.
Pa. Super. Ct. · 2009 · confidence medium
Pulliam v. Fannie, 850 A.2d 636, 640-41 (Pa.Super.2004), appeal denied, 583 Pa. 696 , 879 A.2d 783 (2005); Kraus v. Taylor, 710 A.2d 1142, 1144-45 (Pa.Super.1998). ¶ 32 The record reveals that, on the second day of trial, Amtrak sought via a motion in limine to introduce evidence of Callahan’s alleged substance abuse.
cited Cited as authority (rule) Appleman v. Feathers
pactcomplblair · 2006 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1143-44 (Pa. Super. 1998).
cited Cited as authority (rule) Leskin v. Christman
pactcomplcarbon · 2006 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1146-47 (Pa. Super. 1998). .
discussed Cited as authority (rule) Pulliam v. Fannie
Pa. Super. Ct. · 2004 · confidence medium
Appellant also cites various federal regulations which set forth confidentiality privileges in drug and alcohol treatment records. ¶ 14 Upon careful review, we conclude that appellant’s claim is meritless. 3 In Kraus v. Taylor, 710 A.2d 1142, 1144-45 (Pa.Super.1998), appeal dismissed as improvidently granted, 560 Pa. 220 , 743 A.2d 451 (2000), this court held that by filing a lawsuit for permanent personal injury, a plaintiff impliedly waives, among other things, statutory privileges relating to confidentiality of drug and alcohol treatment records.
discussed Cited as authority (rule) Yoder v. American Travellers Life Insurance
Pa. Super. Ct. · 2002 · confidence medium
We note that "[ajlthough we frequently turn to the wisdom of our colleagues on the Commonwealth Court for guidance, the decisions of that court are not binding on this Court.” Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super.1998). 5 .
discussed Cited as authority (rule) Commonwealth v. Riley
Pa. Super. Ct. · 2002 · confidence medium
We first note that even if we found Allen to be persuasive, "[although we frequently turn to the wisdom of our colleagues on the Commonwealth Court for guidance, the decisions of that court are not binding on this Court.” Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super.1998).
discussed Cited as authority (rule) Citizens' Ambulance Service Inc. v. Gateway Health Plan
Pa. Super. Ct. · 2002 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super.1998) ("Although we frequently turn to the wisdom of our colleagues on the Commonwealth Court *447 for guidance, the decisions of that court are not binding on this Court.”). 4 .
cited Cited as authority (rule) Andaloro v. Armstrong World Industries, Inc.
Pa. Super. Ct. · 2002 · confidence medium
“In order to preserve an issue for appellate review following a civil verdict, the issue must first be raised in a post-trial motion.” Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa.Super.1998).
discussed Cited as authority (rule) Fanning v. Davne
Pa. Super. Ct. · 2002 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1143 (Pa.Super.1998). ¶ 27 In the case at bar, the cross examination and resultant answers tended to disprove Appellant’s assertion that the plates and screws were medically indicated following informed consent (N.T.
discussed Cited as authority (rule) Deutsch, Larrimore & Farnish, P.C. v. Johnson
Pa. Super. Ct. · 2002 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super.1998) ("Although we frequently turn to the wisdom of our colleagues on the Commonwealth Court for guidance, the decisions of that court are not binding on this Court.”).
discussed Cited as authority (rule) Grady v. Frito-Lay, Inc. (2×)
Pa. Super. Ct. · 2001 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa.Super.1998), appeal dismissed, 560 Pa. 220 , 743 A.2d 451 (2000); Brown v. Philadelphia Tribune Co., 447 Pa.Super. 52 , 668 A.2d 159, 162 (1995), appeal denied, 544 Pa. 621 , 675 A.2d 1241 (1996), cert. denied, 519 U.S. 864 , 117 S.Ct. 173 , 136 L.Ed.2d 114 (1996).
cited Cited as authority (rule) Weinrich v. Abington Memorial Hospital
pactcomplphilad · 2001 · confidence medium
To allow such would be contrary to the intent of the General Assembly when creating said privilege. 42 Pa.C.S. §5944; Kraus v. Taylor, 710 A.2d 1142, 1145 (Pa. Super. 1998).
cited Cited as authority (rule) Zangrando v. Sipula
Pa. Super. Ct. · 2000 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa.Super.1998). 7 .
discussed Cited as authority (rule) Southard v. Temple University Hospital (2×) also: Cited "see"
Pa. Super. Ct. · 1999 · confidence medium
Kraus v. Taylor, 710 A.2d 1142, 1143 (Pa.Super.1998). ¶ 36 In this case, the jury was presented with a claim alleging that the informed consent of Branes Southard was not obtained because he was not told, prior to his surgery, that the bone screws would need *616 to be explanted.
cited Cited "see" Candelaria, A. v. Hospital of The University of PA
Pa. Super. Ct. · 2022 · signal: see · confidence high
See Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa. Super. 1998). 3 Generally, PHRA claims are analyzed under the same standards as their federal counterparts.
discussed Cited "see" Gillen v. Trovato
pactcomplphilad · 2010 · signal: see · confidence high
See Kraus v. Taylor, 710 A.2d 1142 , 1146 n.3 (Pa. Super. 1998) (issue waived because appellant’s “brief wholly lacks appropriate argu ment” because it did not analyze the facts in the light most favorable to the appellee).
discussed Cited "see" Gormley v. Edgar
Pa. Super. Ct. · 2010 · signal: see · confidence high
See Rost v. State Board of Psychology, supra. In Kraus, supra, this Court approved the rationale of several federal courts holding that under Pennsylvania law, placing one’s mental condition at issue in a civil trial is an implicit waiver of pertinent statutory privileges.
discussed Cited "see" Finney v. Nastacio
pactcompldauphi · 2004 · signal: accord · confidence high
Jackson v. Kassab, 812 A.2d 1233, 1234 (Pa. Super. 2002) (en banc), appeal denied, 573 Pa. 694 , 825 A.2d 1261 (2003) (any issues raised in a motion for post-trial relief that are not briefed may be considered waived by the trial court); accord, Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa. Super. 1998). .
discussed Cited "see" Jackson v. Kassab (2×)
Pa. Super. Ct. · 2002 · signal: accord · confidence high
Co., 375 Pa.Super. 510 , 544 A.2d 1345, 1363 (1988) (citations omitted). ¶ 8 “To fully effectuate the latter purpose, common sense mandates that any issue raised in a motion for post-trial relief must be briefed and argued to the trial court.” Id. “[Fjailure to set forth an argument in briefs filed in the court in support of post-trial motions constitutes a failure to preserve the issue or issues not argued.” Id. at 1364 (citing Bryant v. Girard Bank, 358 Pa.Super. 335 , 517 A.2d 968, 973 (1986)); accord Kraus v. Taylor, 710 A.2d 1142 (Pa.Super.1998). ¶ 9 Appellants’ failure to bri…
cited Cited "see" Abbott v. Schnader, Harrison, Segal & Lewis, LLP
Pa. Super. Ct. · 2002 · signal: see · confidence high
See Kraus v. Taylor, 710 A.2d 1142, 1144 (Pa.Super.1998). 11 .
cited Cited "see" Reithmeier v. Bogucki
pactcomplphilad · 2001 · signal: see · confidence high
See Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa. Super. 1998), appeal granted, 556 Pa. 257 , 727 A.2d 1109 (1999), appeal dismissed as improvidently granted, 560 Pa. 220 , 743 A.2d 451 (2000).
discussed Cited "see" Colyer v. National Grange Mutual Insurance
pactcomplcentre · 2001 · signal: see · confidence high
See Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa. Super. 1998) (issue raised in post-trial motion is waived unless it is briefed or argued in post-trial proceedings), alloc. granted, 556 Pa. 256 , 727 A.2d 1109 (1999), dismissed, 560 Pa. 220 , 743 A.2d 451 (2000).
discussed Cited "see" Insurance Co. of Evanston v. Bowers
Pa. Super. Ct. · 2000 · signal: see · confidence high
See Kraus v. Taylor, 710 A.2d 1142 (Pa.Super.1998) (holding where appellant raised 68 errors in post-trial motions, but briefed only 13, the other 50 issues were waived, and could not be raised on appeal) and Bryant v. Girard Bank, 358 Pa.Super.335, 517 A.2d 968 (1986) (holding appellant precluded from raising issue on appeal which it failed to raise or suggest in post trial motions, or in brief filed in support of motions).
discussed Cited "see, e.g." M.W.M. v. Buzogany, J.
Pa. Super. Ct. · 2023 · signal: see also · confidence medium
Octave, 103 A.3d at 1262 ; see also Kraus v. Taylor, 710 A.2d 1142, 1144-1145 (Pa. Super. 1998) (finding, the confidentiality privileges afforded by the MHPA and DAA were waived when the plaintiff filed a personal injury lawsuit seeking damages for permanent injury which placed his life expectancy at issue in the case), appeal dismissed as improvidently granted, 743 A.2d 451 (Pa. 2000); Compare with Gallo v. Conemaugh Health Sys., Inc., 114 A.3d 855 , 862-863 (Pa. Super. 2015) ____________________________________________ 15 When a confidentiality privilege has been waived, whether by express o…
discussed Cited "see, e.g." Recigno Laboratories, Inc. v. Jensen Dental, Inc.
Pa. Super. Ct. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Kraus v. Taylor, 710 A.2d 1142, 1146-47 (Pa. Super. 1998) (error asserted in post-trial motion is waived if it is not addressed in supporting brief).
discussed Cited "see, e.g." Warnick v. NMC-Wollard, Inc.
W.D. Pa. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Kraus v. Taylor 710 A.2d 1142, 1147 (Pa.Super.1998) (noting that, where the plaintiff could not show direct liability on his negligence claim, his assertion of vicarious liability was moot); see also Daliessio v. Depuy, Inc., No. 96-CV-5295, 1998 WL 24330 , at *5 (E.D.Pa.
Timothy KRAUS, Appellant,
v.
James E. TAYLOR and Harris Fuels, Inc., Appellees
Superior Court of Pennsylvania.
Apr 3, 1998.
710 A.2d 1142
James L. Rosenbaum, Philadelphia, for appellant., Thomas P. Bracaglia, Philadelphia, for ap-pellees.
Tamilia, Olszewski, Beck.
Cited by 77 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Commonwealth Court of Pennsylv… (1) · Philadelphia County Court of C… (1)

Lead Opinion

OLSZEWSKI, Judge:

Timothy Kraus (appellant) challenges the denial of the post-trial motions he filed after an unfavorable verdict in his negligence action against James E. Taylor and Harris Fuels, Inc. (appellees). This litigation requires us to consider when intoxication evidence may be admitted against a pedestrian plaintiff in a suit arising from a collision with an automobile. We are also required to consider when a history of drug and alcohol abuse is admissible against a plaintiff who alleges permanent injury. We affirm.

Appellee Taylor struck appellant on October 20, 1990, while driving a vehicle owned by appellee Harris Fuels. At the time of the accident, approximately midnight, appellant was walking across Street Road in Lower South Hampton Township, Pennsylvania, on his way to work at a nearby gas station. Appellant filed a negligence suit against ap-pellees seeking damages for medical expenses and for permanent injury. The case was tried before a jury in October of 1996. At trial, the court admitted evidence that appellant had a blood alcohol content in excess of 0.25 percent at the time of the accident. The court also admitted medical records establishing that appellant suffers from chronic drug and alcohol abuse. At the close of evidence, the court granted appellee Harris Fuels’ motion for a non-suit. Following deliberations, the jury found that appellee Taylor was negligent but that his negligence was not a substantial cause of the accident. Accordingly, the court recorded a verdict against appellant and discharged the jury. Appellant filed posh-trial motions, which were denied on June 9, 1997. Appellant timely appealed the judgment to this Court.

Appellant first contends that the trial court erred in admitting evidence of appellant’s chronic drug and alcohol abuse because the evidence was irrelevant, prejudicial, and privileged. We disagree.

Our standard for reviewing the relevancy of evidence admitted at trial is well established.

At the outset, the admissibility of evidence is a matter addressed solely to the discretion of the trial court and may be reversed only upon a showing that the court abused its discretion. Evidence is considered relevant if it logically tends to establish a material fact in the case, tends to make the fact at issue more probable, or supports a reasonable inference or presumption regarding the existence of a material fact.

Commonwealth v. LaCava, 542 Pa. 160, 174, 666 A.2d 221, 227-28 (1995) (citations omitted). Here, appellant sought damages for permanent injury. Such a claim requires the[*1144] jury to evaluate the claimant’s life expectancy. Evidence of appellant’s chronic drug and alcohol abuse strongly suggests that his life expectancy deviates from the average. Cf. Capan v. Divine Providence Hospital, 270 Pa.Super. 127, 138-39, 410 A.2d 1282,. 1288 (1980) (affirming exclusion of hypothetical question concerning life expectancy which did not mention decedent’s chronic alcoholism). Accordingly, the evidence of appellant’s drug abuse tended to establish a material fact and was therefore relevant. Moreover, actuarial tables were submitted to the jury, at appellant’s request, to help them evaluate his life expectancy. When such tables are submitted in a personal injury case, the jury must be permitted to consider individual characteristics that impact on the injured party’s life expectancy. See Helm v. Eagle Downs-Keystone Racetrack, 385 Pa.Super. 550, 551-53, 561 A.2d 812, 813 (1989) (discussing the appropriate charge when actuarial tables are submitted to a jury).

Appellant relies on Labrador v. City of Philadelphia, 134 Pa.Cmwlth. 427, 578 A.2d 634 (1990) for the proposition that evidence of alcoholism is not relevant to life expectancy. Appellant’s reliance is misplaced. Although we frequently turn to the wisdom of our colleagues on the Commonwealth Court for guidance, the decisions of that court are not binding on this Court. See Dansak v. Cameron Coca-Cola Bottling Company, 703 A.2d 489, 493 n. 4 (Pa.Super.1997).

Moreover, Labrador is inapposite. Labrador involved a wrongful death and survival action. The trial court excluded evidence of decedent’s alcohol use and cirrhosis of the liver. Id. at 429-31, 578 A.2d at 636. On appeal, plaintiff asked the Commonwealth Court to review the exclusion of the cirrhosis evidence, but not the exclusion of evidence concerning alcohol use. Id. The Commonwealth Court reviewed the trial court’s ruling for abuse of discretion. It found that the trial court excluded the evidence for two reasons: (1) the effect of cirrhosis on life expectancy is not within the ken of the average layman and' therefore requires expert testimony to be admissible; and, (2) cirrhosis carries a prejudicial implication of alcohol abuse that was not otherwise supported by the evidence. The Commonwealth Court concluded that exclusion was within the trial court’s discretion.

This result, however, does not imply that the Commonwealth Court agreed with the trial court’s reasoning. When an appellate court reviews a lower court decision for abuse of discretion, it does not decide whether it would have reached the same conclusion if exercising its own discretion. See Kaneski v. Kaneski, 413 Pa.Super. 173, 176-78, 604 A.2d 1075, 1077 (1992) (explaining that, even under the broadest abuse of discretion review, the reviewing court may not substitute its own judgment for that of the lower court); see also Ruggero J. Aldisert, The Judicial Process 759-76 (1976). Furthermore, nothing in Labrador suggests the Commonwealth Court would have affirmed the trial court if it had excluded competent evidence of the decedent’s chronic alcohol abuse.

Appellant next claims that, despite its relevance, the evidence of his chronic drug abuse should have been excluded as overly prejudicial. Even relevant evidence may be excluded if its probative value is substantially outweighed by danger of unfair prejudice or confusion. See Sprague v. Walter, 441 Pa.Super. 1, 39-41, 656 A.2d 890, 909 (1995). The balancing of potential prejudice against probative value is within the sound discretion of the trial court. Id. We agree that the evidence of appellant’s chronic drug and alcohol abuse was highly prejudicial. See generally Commonwealth v. Gaddy, 468 Pa. 303, 310-12, 362 A.2d 217, 220-21 (1976) (discussing the prejudicial effect of drug use testimony). As discussed above, however, the evidence is also highly probative of appellant’s life expectancy. Accordingly, admission of the evidence was well within the court’s sound discretion.

Appellant also asserts that the records of his drug and alcohol treatment are protected under statutory privileges created by 50 P.S. § 7111 (confidentiality of records of treatment in publicly funded mental facilities), 71 P.S. § 1690.108 (confidentiality of records of drug and alcohol abuse treatment), and 42 Pa.C.S. § 5944 (confidentiality of communications to licensed psychologists). The trial[*1145] court found that appellant impliedly waived any statutorily created privilege by filing a personal injury suit that placed his life expectancy at issue. The statute creating the physician-patient privilege expressly provides that the privilege is waived in civil matters for the patient’s personal injury. 42 Pa.C.S. § 5929. The statutes appellant relies upon, however, lack similar provisions.

We are unaware of any prior decisions of this Court or our Supreme Court deciding whether the privileges appellant references are waived by filing a personal injury lawsuit for permanent injury.[1] The Commonwealth Court, however, has commented that the psychologist-client privilege is waived when the client places the confidential information at issue in a lawsuit. See Rost v. State Bd. of Psychology, 659 A.2d 626 (Pa.Cmwlth.1995). Also, various federal courts interpreting Pennsylvania law have held that placing the confidential information at issue in a civil trial is implicit waiver of the statutory privileges appellant asserts. See Mulholland v. Dietz, 896 F.Supp. 179 (E.D.Pa.1994); O’Boyle v. Jensen, 150 F.R.D. 519 (M.D.Pa.1998); Premack v. J.C.J. Ogar, Inc., 148 F.R.D. 140 (E.D.Pa.1993); Thorne v. Universal Properties, 1987 WL 7683, 1987 U.S. Dist. LEXIS 1906 (E.D.Pa.1987). The rationale of these decisions is that our legislature could not have intended the miscarriage of justice that would otherwise result to civil defendants. We agree.

Allowing appellant to pursue a claim for permanent injury, while simultaneously barring appellees from access to appellant’s long history of drug and alcohol abuse, “would be manifestly unfair and grossly prejudicial.” See O’Boyle, 150 F.R.D. at 522. We cannot believe that the Pennsylvania General Assembly intended to allow a plaintiff to file a lawsuit and then deny a defendant relevant evidence, at plaintiffs ready disposal, which mitigates defendant’s liability. See generally 1 Pa.C.S. § 1922(1) (in ascertaining legislative intent, courts are to presume that the General Assembly did not intend an unreasonable result). Rather the General Assembly must have intended the privileges to yield before the state’s compelling interest “in seeing that truth is ascertained in legal proceedings and fairness in the adversary process.” See Thorne, supra, at *5 (citations omitted). Accordingly, we conclude that appellant impliedly waived the various statutory privileges he asserts by filing this lawsuit. Because the records were not privileged and it was within the court’s discretion to admit the evidence, the trial court committed no reversible error in admitting the records of appellant’s chronic alcohol and drug abuse.

Appellant next contends that the trial court committed reversible error by admitting evidence of appellant’s blood alcohol level at the time the incident occurred. Appellant asserts that because he was a pedestrian, rather than a driver, the evidence was not relevant. Appellant relies on Kriner v. McDonald, 223 Pa.Super. 531, 302 A.2d 392 (1973), and Whyte v. Robinson, 421 Pa.Super. 33, 617 A.2d 380 (1992). Again, appellant’s reliance is misplaced. In Kriner, we stated:

[Ejvidence tending to establish intoxication on the part of a pedestrian is inadmissible unless such evidence proves unfitness to be crossing the street. Pennsylvania courts have gone to great lengths to enforce [the analogous rule relating to the intoxication of drivers]. Consequently, no reference should be made to a pedestrian’s use of alcohol unless there is evidence of intoxication or copious drinking on the part of the pedestrian; for example evidence that the injured party was staggering or had liquor on his breath gives support to such an inference.

Kriner, 223 Pa.Super. at 533-34, 302 A.2d at 394 (emphasis added) (citations omitted). In Whyte, we simply applied the rule established by Kriner. See Whyte, 421 Pa.Super. at 38-40, 617 A.2d at 383. Both cases turned on our conclusion that evidence of the pedestrian’s intoxication was so insubstantial, and the potential prejudice so significant, that it was an abuse of discretion to admit the evi[*1146] dence. See Kriner, 223 Pa.Super. at 533-35, 302 A.2d at 394; Whyte, 421 Pa.Super. at 43-44 617 A.2d at 385. In contrast, appellees in this case produced substantial evidence of appellant’s intoxication at the time of the accident. First, the responding officer testified that he scented alcohol on appellant’s breath shortly after the accident. (N.T. 10/7/96, at 97). Second, the hospital measured appellant’s blood alcohol level in excess of 0.25 percent within 40 minutes of the accident.[2] (N.T. 10/8/96, at 13-32). Finally, appellees produced expert testimony that, given the blood test results, appellant’s judgment and motor coordination would have been severely impaired at the time of the accident. (N.T. 10/8/96, at 23-37). The trial court did not abuse its discretion in admitting this substantial evidence of appellant’s intoxication at the time of the accident.

None of appellant’s remaining issues are properly before this Court. Appellant’s third and fourth issues, concerning the weight and the sufficiency of the evidence,[3] were not properly preserved in the lower court. In order to preserve an issue for appellate review following a civil verdict, the issue must first be raised in a post-trial motion. See, e.g., Snyder Bros., Inc. v. Peoples Natural Gas, 450 Pa.Super. 371, 378-80, 676 A.2d 1226, 1230 (1996). Moreover, an issue raised in a post-trial motion is waived unless it is briefed or argued in post-trial proceedings. See Bell v. City of Philadelphia, 341 Pa.Super. 534, 540-42, 491 A.2d 1386, 1389 (1985). Full development of issues in the lower court serves an important function in the orderly and efficient use of our judicial resources. See generally Dilliplaine v. Lehigh Valley Trust Company, 457 Pa. 255, 322 A.2d 114 (1974) (discussing the policy reasons for strictly limiting appellate review to issues preserved in the lower court). Here, appellant filed a post-trial motion asserting that the court committed 62 separate errors.[4] See plaintiffs motion for post-trial relief 10/17/96. Appellant, however, reduced the number of errors to 13 in the brief he filed in support of his motion. See plaintiff’s brief in support of his motions for post-trial relief 4/15/97. No oral argument on appellant’s motion was heard. The trial court correctly concluded that the remaining[*1147] 50 errors were abandoned and declined to consider them. See slip opinion 6/9/97, at 3. None of the 13 errors appellant argued before the trial court concern either the weight or the sufficiency of the evidence. Accordingly, appellant’s failure to preserve these issues precludes our review.

Finally, appellant contends that the trial court erred in entering a non-suit in favor of appellee Harris Fuels. Appellant’s only theory supporting Harris Fuels’ liability is that it is vicariously liable for appellee Taylor’s negligence. Because the jury found Taylor not liable, and this verdict withstood our review, appellant cannot recover against Harris Fuels. Accordingly, this issue is moot. See generally Quigg v. Brown, 30 Phila. 468 (1996) (commenting that the issue of a principal’s vicarious liability is rendered moot by a finding that the agent was not liable). An appellate court will not consider a moot question unless one of several narrow exceptions applies. See Rosenfield v. Pennsylvania Aut. Ins., 431 Pa.Super. 383, 387-89, 636 A.2d 1138, 1141 (1994). No exception is relevant here. Thus, we dismiss this issue as moot.

Judgment affirmed.

BECK, J., filed a concurring statement.

1

In Kalenevitch v. Finger, 407 Pa.Super. 431, 595 A.2d 1224 (1991), we refused to address this issue because it was not properly preserved for our review. See id. at 438-40, 595 A.2d at 1228-29.

2

Appellant’s blood alcohol level would have been inadmissible absent the additional corroborating evidence. See Whyte, 421 Pa.Super. at 40-44, 617 A.2d at 384-85.

3

Even if appellant had preserved his challenge to the sufficiency of the evidence, that claim would be waived by his failure to provide proper argument in the brief that he filed with this Court. A party moving for judgment notwithstanding the verdict (i.e., challenging the sufficiency of the evidence) contends that the evidence and all inferences deducible therefrom, viewed in the light most favorable to the verdict winner, is insufficient to sustain the verdict. See Greer v. Bryant, 423 Pa.Super. 608, 612-14, 621 A.2d 999, 1002 (1992). We will only reverse the denial of such a motion where the lower court committed an abuse of discretion or an error of law. Id.

The argument section of appellant's brief relating to this issue does not analyze the evidence in the light most favorable to appellee Taylor, the verdict winner. Instead, appellant presents the evidence in the light most favorable to himself then concludes that he is entitled to a different verdict. For example, appellant asserts that he "crossed the street under an overhead light within one car length of the beginning of the intersection.” Appellant's brief at 40-41. Appellees, however, produced evidence that appellant crossed the street 62 feet east of the intersection (N.T. 10/7/96, at 101-04) and that the street lamp in the vicinity was out (N.T. 10/7/96, at 115). Appellant also asserts that appellee Taylor was travelling east in a westbound lane, appellant’s brief at 41, whereas appellees produced evidence that skid marks from the vehicle began in the eastbound lane (N.T. 10/7/96, at 104-05). Most importantly, appellant ignores the evidence that he was severely intoxicated at the time of the incident. Because appellant fails to discuss the evidence viewed in the light most favorable to the verdict winner, his brief wholly lacks appropriate argument that the lower court abused its discretion when denying his motion for judgment notwithstanding the verdict. Thus, even if preserved below, this issue would be waived by the deficiencies of appellant's brief. See Kituskie v. Corbman, 452 Pa.Super. 467, 476-78, 682 A.2d 378, 383 (1996) (failure to develop proper argument in appellate brief constitutes waiver), alloc. granted, 548 Pa. 628, 693 A.2d 967 (1997).

Appellant’s argument suggests a claim that the verdict was inconsistent. If appellant intended to challenge the verdict on these grounds we note that the issue was waived by his failure to object prior to the jury's discharge. See City of Philadelphia v. Gray and Williams v. SEPTA, 534 Pa. 467, 633 A.2d 1090 (1993).

4

Appellant later filed a supplemental post-trial motion alleging a 63rd error. See plaintiff's supplemental motion for post-trial relief, 4/10/97.

Concurrence

BECK, Judge,

concurring.

I concur in the result reached in the majority opinion and join generally in the discussion therein. I write separately, however, to clarify further the reasons for our holding. First, I agree that the trial court did not abuse its discretion in admitting evidence of appellant’s history of alcohol and drug abuse where appellant placed his life expectancy into issue with his claim of permanent injury. An additional basis for admission, however, and one I believe to be even more persuasive, is for impeachment purposes. Appellant testified that he had been in “excellent health” prior to the accident, when in fact he had had numerous hospital admissions for alcohol dependency, and a long history of drug use, including intravenous heroin, barbiturates, LSD and amphetamines. The trial court did not err in admitting evidence of this history to allow appellees to impeach appellant’s credibility.

Appellant also challenged the admissibility of his blood-alcohol content of .25% at the time of the accident. As the majority concludes, this evidence was admissible to show appellant’s own causal negligence as a pedestrian, where there was additional corroborating evidence of intoxication, including the smell of alcohol emanating from appellant at the scene, and his behavior in crossing the street. Appellees presented evidence that, at the time of the accident, appellant was crossing a major highway, in the middle of the block, in dark clothing at about midnight, against a traffic control signal, and that he “darted” in front of oncoming traffic. With these additional comments, I join the majority opinion.