Alert

Philadelphia Defense Win Affirmed: PA Superior Court Upholds Jury Verdict Rejecting Punitive Damages

January 29, 2026

The Pennsylvania Superior Court affirmed a key defense victory, in the Philadelphia Court of Common Pleas, rejecting an effort to reopen a catastrophic personal injury verdict to impose punitive damages. Ted Schaer was lead trial attorney for defendant Ingram Micro Inc., with Greg Mallon serving as second chair.

The appeal followed a three-week jury trial where Plaintiff’s demand for settlement was $100M. Defense conceded liability and contested the issue of comparative negligence, future life care costs, and the applicability of punitive damages. The verdict came in at $95.2 million below Plaintiff’s mid-trial demand.

The court upheld the 2024 jury verdict that awarded compensatory damages but expressly declined to find reckless conduct and a claim for punitive damage which survived pre-trial motion practice. On appeal, the plaintiff’s counsel Jeff Goodman of Saltz Mongeluzzi Bendesky sought a new trial on the jury’s rejection of the plaintiff’s punitive damage claim. The Superior Court rejected those arguments and left the verdict intact.

The decision reinforces the high bar for punitive damages under Pennsylvania law and confirms that appellate courts will not disturb jury verdicts and trial court discretion absent clear error. However, in the Philadelphia Court of Common Pleas, there appears to be a growing trend to allow punitive damages to go to the jury.

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