Bruce, M. v. Ranger Properties
CourtSuperior Court of Pennsylvania
Date FiledOctober 27, 2026
Docket2038 EDA 2024
JudgeSullivan
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
MICHELLE BRUCE : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
RIBBON FACTORY LOFTS, LLC, : No. 2038 EDA 2024
RIBBON FACTORY LOFTS, RIBBON :
FACTORY LOFTS CONDOMINIUM :
ASSOCIATION, RODIN MARKET :
PARTNERS, LP, RODIN PLACE GP, :
INC., 1409 WEST BROAD, LLC, :
RANGER PROPERTIES, LLC, :
JOHN/JANE DOE #1
Appeal from the Judgment Entered July 29, 2024
In the Court of Common Pleas of Philadelphia County Civil Division at
No(s): 221002511
BEFORE: LAZARUS, P.J., SULLIVAN, J., and STEVENS, P.J.E. *
MEMORANDUM BY SULLIVAN, J.: FILED OCTOBER 27, 2026
Michelle Bruce (“Bruce”) appeals from the judgment entered against her
after a jury found her negligence was a 90% causal factor in the injuries she
suffered when she slipped and fell on a patch of ice in the parking lot of her
apartment building.1 Bruce claims she is entitled to a new trial because the
trial court erred when instructing the jury on the hills and ridges doctrine,
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* Former Justice specially assigned to the Superior Court.
1 The appeal returns to this Court following a remand for a supplemental trial
court opinion, see Judgment Order, 2038 EDA 2024, 10/15/25, at 3, and the
filing of new briefs based on the trial court’s supplemental opinion.
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abused its discretion when allowing a defense expert to testify and offer
opinions that Bruce’s negligence caused her fall, and improperly limited her
cross-examination about a corporate defendant’s statements on its website.
Because Bruce has not shown her claims warrant a new trial, we affirm.
We summarize the factual and procedural history of this appeal from the
record. Bruce had lived in the Ribbon Factory Lofts in Quakertown, and she
worked the overnight shift as a nurse in the emergency room of a nearby
hospital. See N.T., 6/26/24, at 15, 17. At the end of January into February
2021, a significant snowstorm resulted in the accumulation of some twenty-
five inches of snow (the “storm”). See id. at 18. Approximately one week
after that storm, on February 7, 2021, Bruce left her apartment to go to the
hospital to work a shift that started at 7:00 p.m. See id. at 17-20. Bruce
had forward parked in a spot in the middle of the parking lot. See id. at 19.
Bruce described the events leading to her fall as follows:
[Bruce’s counsel]. As you were walking from the door [of the
apartment building] out to the parking lot and ultimately to the
back of your car, did you have any issues in getting there?
A. I did not.
****
Q. Do you remember having any issues getting to the back of your
car?
A. To the back of my car, no.
Q. . . . [O]nce you’re at the back of your car, you know, what
happens next leading up to your fall?
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A. [After getting to the car,] I put my backpack and my lunch in
the passenger driver side door [sic 2], as I always did, and then
walked back to the back of my car to grab the shovel because
there was a little bit of snow around my [front] tire. And then
when I walked up past the driver-side door to get to my tire, I
went to do my -- you know, do a first shovel. I didn’t even get to
do a full shovel and lift the shovel up before my right foot slipped
out from under me, and I landed flat on to my, like, right side of
my lower back, it hit.
****
. . . When I was on the ground, I could see around me and around
my tire that there was, like, a patch of ice right around that area.
N.T., 6/26/24, at 20-21. When Bruce got up, she did not notice any salt or
melting agents on her clothes or on the ground in the area around the ice.
See id. at 22. She then got into her car and went to work, 3 where the pain
from the fall got worse; however, she completed her shift. Bruce subsequently
sought treatment and, inter alia, underwent three-and-a-half months of
physical therapy and injections.
Bruce texted the building manager, Milosz Jagielnicki (“Jagielnicki”), a
few days after she fell and informed him of her fall. Jagielnicki responded, in
relevant part:
Re slippery spots. There are mountains of snow everywhere which
melt. Creating slippery spots. We try to salt it as much as we can
and I promise I will try to do a better job. Unfortunately it’s not
a lowes parking lot where there are no cars and you can plow the
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2 Bruce later clarified this meant the passenger’s side door. See N.T.,
6/26/24, at 21.
3 Brucedid not finish shoveling the pile of snow that had been by her tire.
See N.T., 6/26/24, at 70. Aside from the pain caused by the fall, Bruce
managed to get up, get into her car, and pull out of the parking spot without
problems. See id.
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whole thing. You need to deal with cars being parked. Once
people clear their cars that leave more snow all over.
Exhibit P-37; N.T., 6/24/24, Jury Trial, at 48.
Bruce commenced the instant action with the filing of a complaint.
Bruce named multiple entities associated with the Ribbon Factory Lofts as
defendants, but she later stipulated to the withdrawal of her claims as to all
but two defendants: 1409 West Broad, LLC, which owned the Ribbon Factory
Lofts, and Ranger Properties, LLC (“Ranger”), which managed Ribbon Factory
Lofts (hereinafter, collectively “Appellees”). See Stipulation to Amend
Pleadings, 2/1/23.
Late in the pre-trial proceedings, Appellees obtained a liability expert,
Ken Boegeman, Jr. (“Boegeman”), who, in lieu of a full expert report, authored
a three-page letter (“letter”) that summarized the information he reviewed in
the case, his background in snow and ice management, and the following
opinions:
Based on my review of the documents listed above, my extensive
expertise in the snow removal and ice management industry, as
well as the opinions and observations detailed above, I have
concluded within a reasonable degree of professional certainty:
1.) [Appellees’] methodology and performance of snow and
ice management services in the days and hours prior to the
incident were within common industry practice.
2.) Multiple freeze / thaw cycles occurred in the days
preceding the incident.
3.) [Bruce] had no difficulty traversing the area between the
building and her vehicle.
4.) [Bruce] had no difficulty traversing the area around her
vehicle.
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5.) [Bruce] elected to perform snow and ice management
services of her own free will.
6.) [Bruce] slipped and fell while performing snow and ice
management services.
7.) [Bruce] was able to drive to work without completing the
snow and ice management services she decided to
undertake.
8.) Had [Bruce] not decided to, of her own free will,
undertake snow and ice management services, she would
not have fallen and this incident would have been avoided.
Boegeman’s Letter, dated 4/4/24, at 1-3 (attached as Exhibit A to Bruce’s
Motion in Limine, 5/17/24).
Bruce filed a motion in limine to preclude Boegeman from testifying at
trial or to limit his testimony. See Bruce’s Motion in Limine, 5/17/24, at 1-2,
5-6, 9-12. However, before the trial court heard arguments on Bruce’s
motion, Bruce and Appellees took Boegeman’s videotaped deposition in
anticipation of trial. See N.T., 6/24/24, Motions and Opening Jury
Instructions, at 33.
Immediately before the scheduled jury trial, the trial court heard
arguments on Bruce’s motion in limine, and Bruce argued for the preclusion
of Boegeman’s deposition testimony. Bruce asserted Boegeman’s letter did
not meet Pennsylvania standard for expert reports and his opinions concerning
what Bruce was doing when she fell had “nothing to do” with his qualifications
concerning snow and ice management. Id. at 20, 30-31. The trial court
acknowledged Bruce’s arguments were valid, but the court noted that it did
not want to “wade into the weeds” when Bruce had the opportunity to cross-
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examine Boegeman at the deposition and, presumably, exposed the
weaknesses in his conclusions such that Bruce could argue the defects in his
opinions to the jury. See id. at 33-34. Notably, Bruce’s arguments
concerning the admissibility of Boegeman’s testimony appeared to focus on
the deficiencies in Boegeman’s letter, and she cited no specific portion of
Boegeman’s deposition she sought to limit, if the jury heard Boegeman’s
testimony.
At trial, Bruce proceeded on a theory that Appellees, through their
corporate designee and the building manager, Jagielnicki, were aware of
thawing and refreezing of runoff from the “mountains” of snow left from
clearing the parking lot from the storm the week before Bruce’s fall but did
nothing to keep the parking lot safe. See N.T., 6/24/24, Opening Statements,
at 6-8, 9-17. Bruce claimed that after the storm, Appellees haphazardly
created piles of snow, which formed the slippery spot on which Bruce fell. See
id. at 17. Bruce emphasized Appellees did not conduct a survey to determine
where to pile snow and relied on employees or agents with no formal training
in snow management; Bruce further highlighted Appellees had no documents
or bills evidencing its maintenance of the parking lot after storm and its efforts
to address the thaw and refreeze cycle before Bruce fell. See id. at 11-13;
N.T., 6/28/24, Vol. II, at 16-27.4 During her examination as on cross of
____________________________________________
4 There are two separate transcripts bearing the June 28, 2024 date and
labelled “Trial (Jury) Volume 1.” We refer to the transcript containing the
closing arguments, trial court’s charge, and the verdict as Volume II.
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Jagielnicki, Bruce question him about a statement on Ranger’s website that
Ranger was “intensely focused on the bottom line” of the properties it
managed; Appellees objected and argued the question went to Appellees’
finances and “return on investment;” after Bruce responded that the Ranger’s
“corporate policy” showed a “lack of action . . . because they are trying to
save money[,]” the trial court precluded the line of inquiry as “conjecture.”
N.T., 6/24/24, Jury Trial, at 25-30.
Appellees, in their defense, asserted they complied with industry
standards and cleared the parking lot such that Bruce was able to walk to, and
around, her car. See N.T., 6/24/24, Opening Statements, at 32-34.
Appellees emphasized Bruce fell when she went to shovel the small pile of
snow by her front tire after she safely walked to and around her car. See id.
at 33-35. Appellees asserted Bruce breached her corresponding duty to make
sure the area around the spot she intended to shovel was safe and clear. See
id. at 36. Through opening statements and cross-examination of Bruce,
Appellees presented that on the day of Bruce’s fall, there had been a fresh
snow fall, which Appellees’ counsel implied, resulted in five inches of
accumulation. See id. at 32; N.T., 6/26/24, at 92-93.5 At the end of
____________________________________________
5 A review of the record reveals some evidence it had snowed on the day when
Bruce fell. This included Appellees’ cross-examination of Bruce using her prior
deposition testimony that it had snowed that day and Jagielnicki’s testimony
that, after his deposition, he obtained information that it had snowed on the
day Bruce fell. See N.T., 6/26/24, at 57; N.T., 6/24/24, Jury Trial, at 128.
However, there was no evidence of an accumulation or the depth of the
(Footnote Continued Next Page)
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Appellees’ case in chief, Appellees played Boegeman’s videotaped deposition
to the jury. See N.T., 6/28/24, Vol. I, at 8-9.
Appellees requested a hills and ridges jury instruction. See Appellees’
Proposed Points for Charge, 6/26/24, No. 8. Bruce objected and argued the
hills and ridges doctrine did not apply because she fell on an isolated patch of
ice and did not allege general slippery conditions in the parking lot. See N.T.,
6/28/26, Vol. I, at 57-59. Appellees responded the instruction was proper
due to evidence of fresh snow that accumulated shortly before Bruce fell. See
id. at 60-61. The trial court concluded it would give the instruction because
Bruce presented no evidence to show that “anybody went between her car,
left the snow unshoveled [or] had somehow dropped water.” Id. at 59. Bruce
then argued that if the court gave a hills and ridges instruction, it should also
read to the jury the exceptions to the application of the doctrine. See id. at
73-75. The court denied that request, indicating “it clearly had snowed and
there was snow and presumably ice in that parking [lot]” and there was no
evidence of human intervention causing the icy patch on which Bruce fell. Id.
at 75-77. Bruce did not renew her objections to the hills and ridges instruction
as given by the court, see N.T., 6/28/24, Vol. II, at 83-84, 90-92,6 but the
____________________________________________
accumulation on the day Bruce fell. The only statement about there being five
inches of snow on that day was in a question Appellees’ counsel posed to Bruce
during cross-examination. See N.T., 6/26/24, at 92.
6 The trial court’s charge included the instructions on a duty of care and
general premises liability, and the following instruction on hills and ridges:
(Footnote Continued Next Page)
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court repeatedly indicated that Bruce had preserved her objection during the
charging conference.
The eleven-person jury retired to deliberate on a verdict sheet with
special interrogatories on whether: (1) Appellees were negligent; (2)
Appellees’ negligence caused Bruce’s injuries; (3) Bruce was comparatively
negligent; and (4) Bruce’s negligence caused her injuries. See Jury Verdict,
6/28/24, at 1-2. A fifth interrogatory asked the jury to allocate the “causal
negligence” between Appellees and Bruce and stated Bruce could not recover
if the jury found Bruce’s causal negligence was greater than 50%. Id. at 2.
After less than one hour of deliberations, the jury asked the court how it should
report a verdict when there were: (1) two votes for, and nine votes against,
finding Appellees negligent; (2) two votes for, and nine votes against, finding
Appellees’ negligence caused Bruce’s injuries; (3) two votes for, and nine
votes against, finding Bruce comparatively negligent; (4) two votes for, and
____________________________________________
Now, one in possession of land is required to remove ice and snow
that has accumulated on . . . a walking surface abutting their
property within a reasonable time after they’re on notice that a
dangerous condition exists. To establish liability upon the land
owner, [Bruce] must prove that each of the following three
essentials were present: First, that ice and snow had accumulated
on the walking surface in ridges or elevations that unreasonably
obstructed travel and were a danger to persons traveling on that
sidewalk or the walk; second, the defendant property owner knew
or should have known of the existence of such conditions; and
third, that it was the dangerous accumulation of ice and snow that
caused Michelle Bruce to fall.
N.T., 6/28/24, Vol. II, at 76, 78-79, 82-84.
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nine votes against, finding Bruce’s negligence caused her injuries; but (5) ten
votes for finding Bruce’s causal negligence was greater than 50%. See N.T.,
6/28/24, Vol. II, at 93-94. The jury indicated, “We all agree there is no
recovery for . . . Bruce.” Id. at 94.
When the jury returned to the courtroom for an answer, the trial court
confirmed ten of the eleven jurors believed that Bruce could not recover
because of her causal negligence and then instructed the jury to deliberate
further on the first four questions. See id. at 107-10. Approximately twenty
minutes later, the jury returned with a defense verdict with at least ten jurors
agreeing that (1) Appellees were negligent; (2) Appellees’ negligence was a
cause of Bruce’s injuries; (3) Bruce was comparatively negligent; (4) Bruce’s
negligence was a cause of her injuries; and (5) Bruce could not recover
because her causal negligence was 90%, compared to Appellees’ 10%. See
id. at 121-22.
Bruce timely filed post-trial motions seeking a new trial. The trial court
denied the post-trial motions, after which Bruce praeciped for the entry of
judgment. Bruce timely appealed and complied with the trial court’s order to
submit a Pa.R.A.P. 1925(b).
Bruce presents the following issues for review:
1. Where, as here, the undisputed trial testimony established that
[Bruce] slipped and fell on a localized, isolated patch of ice in a
parking lot that was otherwise clear and passable; where
[Appellees’] own liability expert attributed the ice to “multiple
freeze/thaw cycles” occurring nearly one week after the last
snowfall rather than to any recent natural accumulation; where
[Appellees’] corporate representative conceded the ice resulted
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from melt-and-refreeze of plowed snow piles; and where no
evidence was presented that generally prevailing slippery
conditions existed in the community at the time of the incident,
did the trial court commit reversible error by instructing the jury
on the “hills and ridges” doctrine (Pa. SSJI (Civ.) 18.90) and by
failing to instruct the jury on the recognized exceptions to said
doctrine, namely, that the doctrine does not apply to localized ice
patches or to ice caused by human intervention?
2. Where, as here, [Appellees’] proffered liability expert, . . .
Boegeman, conceded under oath that his written submission was
not a “report” but merely a “summary of opinions” that contained
no methodology, no factual analysis, and no basis for his
conclusions as required by Pa.R.E. 702 and 705; where . . .
Boegeman’s enumerated “opinions” addressed matters of
common knowledge that fell outside the proper scope of expert
testimony under Collins v. Zediker, 421 Pa. 52 (1966); and
where . . . Boegeman opined directly on ultimate legal issues—
including Bruce’s alleged comparative negligence—in
contravention of Kozak v. Struth, 515 Pa. 554 (1987), did the
trial court abuse its discretion in denying [Bruce]’s motion in
limine and permitting said testimony in contravention of Pa. R. E.
702, 703, and 705, and in violation of the prohibition against
expert testimony on ultimate issues as articulated in Kozak . . .?
3. Where, as here, [Bruce] sought to cross-examine . . .
Jagielnicki concerning [Ranger’s] publicly available website
statement that it is “intensely focused on the bottom line for the
owners of the property, and every decision is made with that focus
in mind”; where such evidence was directly relevant to whether
[Appellees] prioritized cost-savings over adequate snow and ice
management; and where [Bruce’s] counsel expressly disclaimed
any intent to inquire into specific “figures, dollars, [or] revenues”,
did the trial court abuse its discretion by sustaining [Appellees’]
objection and precluding this line of cross-examination on the
erroneous ground that it constituted an improper inquiry into the
“financial condition” of [Appellees]?
Bruce’s Brief at 8-11 (some capitalization and record citations omitted).
Because Bruce’s issues relate to the denial of her post-trial motion
requesting a new trial, the following principles govern this Court’s review:
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Trial courts have broad discretion to grant or deny a new trial.
The grant of a new trial is an effective instrumentality for seeking
and achieving justice in those instances where the original trial,
because of taint, unfairness or error, produces something other
than a just and fair result, which, after all, is the primary goal of
all legal proceedings. Although all new trial orders are subject to
appellate review, it is well-established law that, absent a clear
abuse of discretion by the trial court, appellate courts must not
interfere with the trial court’s authority to grant or deny a new
trial.
Frisch v. James River Ins. Co., 265 A.3d 765, 771 (Pa. Super. 2021)
(indentation omitted).
When considering a request for a new trial, the trial court must engage
in a two-step analysis:
First, the trial court must decide whether one or more mistakes
occurred at trial. These mistakes might involve factual, legal, or
discretionary matters. Second, if the trial court concludes that a
mistake (or mistakes) occurred, it must determine whether the
mistake was a sufficient basis for granting a new trial. The
harmless error doctrine underlies every decision to grant or deny
a new trial. A new trial is not warranted merely because some
irregularity occurred during the trial or another trial judge would
have ruled differently; the moving party must demonstrate to the
trial court that he or she has suffered prejudice from the mistake.
Id. at 771. Appellate review of the trial court’s analysis has two similar
prongs: (1) a review of whether the trial court’s decision on whether a mistake
occurred; and (2) if a mistake occurred, whether harmless error occurred.
See id.
Bruce first challenges the trial court’s decision to instruct the jury on the
hills and ridges doctrine. The following standard governs this Court’s initial
review of whether the trial court’s decision was mistaken:
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When a court instructs the jury, the objective is to explain to the
jury how it should approach its task and the factors it should
consider in reaching its verdict. On review of a challenge to a jury
instruction, an appellate court must determine whether the trial
court abused its discretion or offered an inaccurate statement of
law controlling the outcome of the case. Relief may be proper if
. . . the jury was misled by the instructions . . .. A new trial must
be granted if an erroneous jury instruction amounted to a
fundamental error or the record is insufficient to determine
whether the error affected the verdict.
Lewis v. Reading Hosp., 345 A.3d 257, 276 (Pa. Super. 2025) (citations
and quotation marks omitted).
To establish liability in any negligence case, the plaintiff must prove a
defendant owed the plaintiff a duty of care, breached that duty, the breach of
the duty resulted in the plaintiff’s injury, and the plaintiff suffered an actual
loss or damages. See Collins v. Philadelphia Suburban Dev. Corp., 179
A.3d 69, 73 (Pa. Super. 2018). Generally, in slip-and-fall cases where the
plaintiff is an invitee, the plaintiff must show the defendant: knows or
reasonably should have known of a condition and the condition involves an
unreasonable risk of harm; the defendant should expect the plaintiff will not
realize the condition or fail to protect herself against it; and the defendant
failed to exercise reasonable care to protect the defendant against the danger.
See id.
“The hills and ridges doctrine, as defined and applied by the courts of
Pennsylvania, is a refinement or clarification of the duty owed by a possessor
of land and is applicable to a single type of dangerous condition, i.e., ice and
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snow.” Id. at 74 (citations and quotation marks omitted). As this Court has
stated:
[T]he doctrine of hills and ridges provides that an owner or
occupier of land is not liable for general slippery conditions, for to
require that one’s walks be always free of ice and snow would be
to impose an impossible burden in view of the climatic conditions
in this hemisphere. Snow and ice upon a pavement create merely
transient danger, and the only duty upon the property owner or
tenant is to act within a reasonable time after notice to remove it
when it is in a dangerous condition.
Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523, 526 (Pa. Super. 2006)
(citations, quotation marks, and brackets omitted).
However, “the hills and ridges doctrine may be applied only in cases
where the snow and ice complained of are the result of an entirely natural
accumulation, following a recent snowfall.” Id. (citation and quotation
marks omitted). This Court has found factual issues can prevent applying the
doctrine as a matter of law when, for example, additional human intervention
created a danger. See id. at 527-28. Such factual issues include plowing
which creates an artificial snowbank that the plaintiff had to avoid, or adequate
salting after plowing a road to prevent the formation of black ice on which a
plaintiff fell. See id. (discussing Bacsick v. Barnes, 341 A.2d 157 (Pa.
Super. 1975)).
On appeal, Bruce argues the trial court erred and misled the jury when
issuing its hills and ridges instruction. First, she contends the hills and ridges
doctrine did not apply when the trial evidence showed she slipped on an
isolated patch of ice that formed due to human intervention, i.e. the piling of
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the snow from the storm a week earlier, and Appellees’ failure to adequately
salt the parking lot after plowing. See Bruce’s Brief at 30-32. Second, she
claims the court erred when it suggested she had a burden of proving the hills
and ridges doctrine did not apply. See id. at 34-37. Third, she asserts the
court abused its discretion when it refused to instruct the jury that the doctrine
should not apply where ice is localized and there are no general slippery
conditions in the community or when the condition is caused by a defendant’s
neglect. See id. at 32-34.
Bruce further asserts the trial court’s errors were prejudicial because it
allowed the jury to find for Appellees on a legal theory not applicable to the
facts. See id. at 37. Bruce contends the instruction allowed the jury to
insulate Appellees from liability because the patch of ice she slipped on had
not accumulated into a hill or ridge. See id. Referencing the jury’s questions
during deliberations and the ultimate finding that her own negligence was a
90% causal factor of her injuries, Bruce claims the jury could have
determined, improperly, that general slippery conditions existed, faulted her
for assuming a risk, and/or that Appellees could not reasonably be expected
to remove all ice. See id. at 38-39. Bruce concludes the trial court’s
instructions “had a significant prejudicial impact” because they led the jury “to
believe Appellees had no duty to address isolated patches of ice resulting from
their own snow removal activities.” Id. at 38.
The trial court determined its instruction on the hills and ridges doctrine
did not merit a new trial because Bruce presented no evidence that the ice on
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which she slipped formed because of Appellees’ “snow/ice removal or
maintenance efforts.” Supplemental Trial Court Opinion, 10/21/25, at 13-14.
The trial court further noted Bruce did not show someone else placed the snow
or ice in the spot by some other means. See id. at 13-14. The court
concluded it properly instructed the jury on the hills and ridges doctrine
because there was no evidence that the icy condition on which Bruce fell was
anything other than “an entirely natural accumulation following a recent
snowfall.” Id. at 14.
Regardless of whether Appellees were entitled to a hills and ridges
instruction, Bruce has not demonstrated she is entitled to a new trial based
on the trial court’s decision to give the instruction. As noted above, the hills
and ridges doctrine precludes liability because a defendant has a limited
affirmative duty. See Collins, 179 A.3d at 76. Although Bruce contends the
hills and ridges instruction could have confused the jury into absolving
Appellees of liability, the jury in this case ultimately determined that Appellees
were negligent, but that negligence was only a 10% causal factor in her injury.
Contrary to Bruce’s claim of prejudice, the jury thus found Appellees owed her
a duty of care and breached that duty, but the breach was not sufficient causal
factor to merit a verdict in Bruce’s favor. Under these circumstances, any
error in the trial court’s decision to give a hills and ridges instruction was
harmless. Therefore, no relief is due. See Frisch, 265 A.3d at 771.
Bruce next challenges the trial court’s determination to allow the jury to
hear Boegeman’s expert testimony.
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“The admission of expert testimony is a matter committed to the
discretion of the trial court and will not be disturbed absent an abuse of that
discretion.” Nobles v. Staples, Inc., 150 A.3d 110, 113 (Pa. Super. 2016)
(citation omitted). A request to preclude testimony based on an insufficient
expert report implicates the rules of discovery. See Pa.R.Civ.P. 4003.5
(setting forth mechanism for discovery of facts known and opinion held by an
expert). Although a court may sanction a discovery violation by precluding
testimony at trial, a court does not have to preclude a witness’s testimony in
all circumstances. See Miller v. Brass Rail Tavern, Inc., 664 A.2d 525,
530 n.3 (Pa. 1995); Oelschlegel v. Mut. Real Estate Inv. Tr., 633 A.2d
181, 183 (Pa. Super. 1993) (noting that even if notice of an expert witness
was technically deficient, a court “may overlook procedural errors” where
there was no bad faith, where there was substantial compliance with a
discovery rule’s requirements, and where there was no prejudice or surprise).
“The purpose of the discovery rules is to prevent surprise and unfairness and
to allow a trial on the merits.” Sampathkumar v. Chase Home Fin., LLC,
241 A.3d 1122, 1141 (Pa. Super. 2020) (citation omitted). “We review an
evidentiary ruling resolving the admissibility of expert testimony/reports for
an abuse of discretion.” Id. at 1140 (citation omitted).
Bruce’s arguments proceed in three parts: (1) Boegeman’s pre-trial
letter was deficient; (2) Boegeman offered lay, rather than expert, opinions;
and (3) Boegeman directly opined on the ultimate issues of causation and
comparative negligence. See Bruce’s Brief at 39-40. Bruce adds the trial
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court actually signed a written order after trial purporting to grant her motion
in limine to preclude Boegeman’s testimony, and she suggests that, in so
doing, the court must have recognized its error in allowing Boegeman’s
testimony at trial.
The court responded to Bruce’s assertions that Boegeman’s testimony
did not reflect the application of expertise, strayed into matters of common
knowledge, and intruded upon the province of the jury, and noted, inter alia,
Bruce did not corroborate her vague claims with substantive trial evidence.
See Supplemental Trial Court Opinion, 10/21/25, at 5, 8-9. The trial court’s
supplemental opinion did not squarely address Bruce’s claim that the court
should have precluded Boegeman’s testimony at trial due to the deficiencies
in his pre-trial letter, nor did it explain the order it signed after trial.
Nevertheless, at trial, the court acknowledged Bruce raised a “good point”
about the deficiencies in Boegeman’s letter but noted the parties subsequently
deposed Boegeman for the purpose of trial. See N.T., 6/24/24, Motions and
Opening Jury Instructions, at 29-34. On that basis, the court permitted
testimony from Boegeman. See id. at 34.
To the extent Bruce contends the trial court should have precluded
Boegeman’s testimony in its entirety, she has not established an abuse of
discretion. Whatever the defects in Boegeman’s pretrial letter, the fact
remains that Boegeman subsequently testified at a deposition. The parties
had full notice of the substance, or lack thereof, of Boegeman’s opinions and
the facts in his possession. Under these circumstances, Bruce cannot claim
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unfair surprise or claim bad faith on the part of Appellees or Boegeman, and
the trial court did not err or abuse its discretion in rejecting Bruce’s request
to preclude all testimony from Boegeman based on a defective expert report.
See Oelschlegel, 633 A.2d at 183.
As to Bruce’s remaining two claims that Boegeman’s actual testimony
offered inadmissible lay opinions that intruded on the province of the jury, a
review of the record compels the conclusion that Bruce waived those issues
by failing to provide the trial court with specific objections with reference to
Boegeman’s deposition testimony. See Pa.R.A.P. 302(a); accord
Supplemental Trial Court Opinion, 10/21/25, at 5, 8 (noting Bruce did not
corroborate her vague claims with substantive trial evidence). Similarly,
Bruce’s brief relies heavily on the language used in Boegeman’s letter and only
cites to Boegeman’s deposition testimony in passing. Those citations to
Boegeman’s deposition do not indicate where, or under what context, the jury
heard the allegedly improper opinion testimony during the playing of
Boegeman’s deposition at trial. See Pa.R.A.P. 2119(c); J.J. DeLuca Co., Inc.
v. Toll Naval Associates, 56 A.3d 402, 413 (Pa. Super. 2012). Therefore,
Bruce has not preserved her remaining claims concerning the trial court’s
admission of the improper expert testimony, and we will not address them.
In her final challenge, Bruce asserts the trial court improperly precluded
her from examining Jagielnicki, as on cross, using Ranger’s “corporate
philosophy” of focusing on the bottom line for the owners of the properties it
manages.
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The principles governing our review are as follows:
The scope of cross-examination is within the sound discretion of
the trial court, and we reverse only for an abuse of discretion. In
exercising this discretion, the trial court may limit cross-
examination due to concerns that the matter is collateral, would
likely confuse or mislead the jury, or would waste time.
Kimble v. Laser Spine Inst., LLC, 264 A.3d 782, 797 (Pa. Super. 2021).
Bruce contends the trial court improperly denied her the opportunity to
confront Jagielnicki, a corporate representative of Ranger, with Ranger’s
slogan it was “‘intensely focused on the bottom line for the owners of property,
and every decision is made with that focus in mind.’” See Bruce’s Brief at 46.
Bruce claims questioning on this “corporate philosophy” was relevant to
whether Appellees prioritized cost-savings over adequate snow and ice
management. See id. She contends the court mistakenly believed cross-
examination on this subject went to Appellees’ financial condition or
constituted a “fishing expedition.” See id. at 46-48. She asserts the trial
court’s ruling resulted in prejudice because she was not allowed to develop
her theory that Appellees had prioritized cost-savings, which, in turn, would
have explained why Jagielnicki, or any other employees at the apartment
building, had no formal education or training in snow removal, and why
Appellees did not have a formal policy for snow removal and could not produce
documents showing any snow removal activity on the date of the incident.
See id. 47-49. In short, she contends the court limited her from presenting
evidence “directly relevant to the standard of care.” Id. at 47.
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As noted above, the trial court, during trial, determined Bruce’s offer for
cross-examining Jagielnicki was “conjecture.” N.T., 6/24/24, Jury Trial, at 25-
30. In its supplemental opinion, the trial court further suggested that Bruce
presented no specific information they wanted to elicit from Jagielnicki
regarding the “website claim,” and, therefore, properly precluded Bruce from
conducting a fishing expedition before the jury. Supplemental Trial Court
Opinion, 10/21/25, at 12.
A review of the record reveals no reason to disturb the trial court’s
ruling. Instantly, there was no evidence Ranger underfunded snow and ice
management at Bruce’s apartment. Indeed, Bruce’s own testimony suggested
that Appellees had removed snow and ice sufficiently enough for her to exit
the building and get to her car, drop personal items in the passenger’s side of
the car, and walk around the back of the vehicle to the driver’s side of the
vehicle, all without issue. See N.T., 6/26/24, at 20-21. Under such
circumstances, it was not an abuse of discretion for the trial court to conclude
that Bruce’s intended reference to Ranger’s statement that it was “intensely
focused on the bottom line” of the properties it managed was too conjectural
to be relevant to the main issue in the case, namely, whether Appellees had
adequately ensured safe passage across the parking lot on the evening she
fell. Furthermore, in light of the jury’s findings that Appellees were negligent,
but only a 10% causal factor, Bruce’s claim that the preclusion of this line of
questioning was prejudicial to her case lacks merit. Thus, no relief is due.
Judgment affirmed.
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Date: 10/27/2026
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