MARSHALL v. PHILADELPHIA TRAMRAIL CO.


426 Pa.Super. 156 (1993)

626 A.2d 620

Linda MARSHALL, Parent and Natural Guardian of Edward Marshall, A Minor and Linda Marshall In Her Own Right v. PHILADELPHIA TRAMRAIL CO., Appellant.

Superior Court of Pennsylvania.

Filed June 16, 1993.


Attorney(s) appearing for the Case

Austin Hogan, Philadelphia, for appellant.

Stephen M. Feldman, Philadelphia, for appellee.

Before CAVANAUGH, BECK and POPOVICH, JJ.


CAVANAUGH, Judge.

This appeal arises from a verdict in favor of the appellee in the amount of $807,000.00 plus $416,130.09 in delay damages. The appellant raises several arguments on appeal. We find merit with the appellant's claim that the trial court erred by instructing the jury a product must be "safe for use" as opposed to "safe for intended use." We reverse, and remand for a new trial.

On January 12, 1985, the appellee, Edward Marshall, suffered injury...

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