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THOMPSON v. CITY OF PHILADELPHIA

320 Pa.Super. 124 (1983)

466 A.2d 1349

Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased v. CITY OF PHILADELPHIA and William Smith and Srein Furniture Carriers, Inc. (Five Cases) Appeal of William SMITH and Srein Furniture Carriers, Inc. (Three Cases) Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased v. William SMITH and Srein Furniture Carriers, Inc., Appellants. Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased v. COMMONWEALTH of Pennsylvania. (Four Cases) Appeal of SREIN FURNITURE CARRIERS, INC., and William Smith. Appeal of CITY OF PHILADELPHIA. (Six Cases) Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased v. William SMITH and Srein Furniture Carriers, Inc. (Three Cases) Appeal of COMMONWEALTH of Pennsylvania. (Two Cases) Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased v. COMMONWEALTH of Pennsylvania, Appellant. Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased v. William SMITH and Srein Furniture Carriers, Inc., Appellant.

Supreme Court of Pennsylvania.

Filed September 2, 1983.

Reargument Denied November 14, 1983.

Petition for Allowance of Appeal Granted February 23 and 27, 1984.

Attorney(s) appearing for the Case

Michael W. Bolechowski, Deputy Attorney General, Philadelphia, for Commonwealth, appellant (at Nos. 2656, 2654 and 2655) and for Commonwealth, appellee (at Nos. 2298, 2301, 2653 and 2659) and for Commonwealth, participating party (at Nos. 2296, 2297, 2299, 2300, 2651, 2652, 2657 and 2658).

Sandra Mazer Moss, Assistant City Solicitor, Philadelphia, for City of Phila., appellant (at Nos. 2299, 2300, 2301, 2651, 2652 and 2653) and for appellee (at Nos. 2296, 2654 and 2657) and for participating party (at Nos. 2656, 2297, 2298, 2655, 2658 and 2659).

James M. Marsh, Philadelphia, for appellant (at Nos. 2296, 2297 and 2298) and for appellee (at Nos. 2299, 2300, 2651 and 2652) and for participating parties (at Nos. 2301, 2653).

Before CIRILLO, MONTEMURO and HOFFMAN, JJ.

HOFFMAN, Judge:

In these appeals from an order granting a new trial solely on the issue of comparative negligence, the parties challenge this court's jurisdiction, the mootness of the appeal, the lower court's jury instructions, and the propriety of a grant of a new trial. We find that the appeal is properly before us, and that only the grant of a new trial was error. Accordingly, we reverse and enter judgment upon the jury's verdict.

On September 28, 1976...

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