CHILDS v. FRANCO

Civ. A. No. 82-1597.

563 F.Supp. 290 (1983)

Lisa CHILDS v. Yvonne Elsa FRANCO.

United States District Court, E.D. Pennsylvania.

May 20, 1983.


Attorney(s) appearing for the Case

Mark A. Sternlicht, Sprague & Rubenstone, Philadelphia, Pa., for plaintiff.

Robert C. Steiger, Harper & Driver, Philadelphia, Pa., for defendant.


MEMORANDUM

GILES, District Judge.

Plaintiff moves for a new trial on the grounds that defense counsel's closing argument contained an admission of injury to the plaintiff due to defendant's negligence. As a result of this admission, plaintiff contends that the court's charge to the jury on proximate cause and the special interrogatories constituted fundamental error. For the following reasons, plaintiff's motion will be granted.

DISCUSSION

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