BRESSLER v. YOGURT


392 Pa.Super. 475 (1990)

573 A.2d 562

William BRESSLER, Appellant, v. DANNON YOGURT and William Hagstotz, Appellees.

Supreme Court of Pennsylvania.

Filed April 17, 1990.


Attorney(s) appearing for the Case

Anthony P. Baratta, Philadelphia, for appellant.

Larry R. McDowell, Philadelphia, for appellees.

Before CIRILLO, Presiding Judge, BROSKY, ROWLEY, McEWEN, OLSZEWSKI, TAMILIA, POPOVICH and JOHNSON, JJ.


McEWEN, Judge:

We here consider an appeal from a judgment entered after a jury found appellant, William Bressler, 50% causally negligent and assessed damages in the amount of $18,500. A divided panel1 of this Court found that the trial court had erred in instructing the jury that "if you find that [appellant] was in the act of crossing the roadway at a point other than within a crosswalk or an intersection then you should find him negligent...

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