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eBook details

• Title: Nykiel v. Heyl
• Author : In the Superior Court of Pennsylvania
• Release Date : January 09, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

1 This is a consolidated appeal from an order granting a new trial in an action for personal injury which resulted when the minor-plaintiff was struck, while riding a bicycle, by a vehicle driven by Appellee. The jury found that the minor-plaintiff and Appellee were both 50% negligent but awarded no damages. In response to this, and pursuant to a post-trial motion, the court granted a motion for new trial as to both liability and damages. 2 Appellants-parents, acting as guardian of the minor-plaintiff, assert that the court erred in granting a new trial as to both liability and damages and argue that a new trial is necessary as to damages only. Appellantsparents, acting as additional defendants, assert that judgment should be entered in their favor as to the joinder action since the jury found them zero percent negligent and there is no basis to disturb the jury's finding as to liability. Lastly, Appellee argues that the court erred in precluding evidence that the child-plaintiff was not wearing a safety helmet at the time of the accident. We reverse in part and remand for a new trial as to damages.

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