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HILEMAN v. PITTSBURGH & LAKE ERIE R. CO.

546 Pa. 433 (1996)

685 A.2d 994

Thomas J. HILEMAN, Sr., v. The PITTSBURGH AND LAKE ERIE RAILROAD COMPANY, a corporation, Appellant, v. CHEMED CORPORATION, a corporation v. SELLERS INJECTOR SYSTEMS, A DIVISION OF BROOKS PUMPS, INC., a corporation.

Supreme Court of Pennsylvania.

Decided November 26, 1996.

Attorney(s) appearing for the Case

Joseph A. Katarincic, Kim M. Watterson, Richard M. Smith, Pittsburgh, for Pittsburgh & Lake Erie Railroad Company.

Ralph G. Wellington, Philadelphia, for amicus curiae Association of American Railroads.

Paul L. Hammer, Pittsburgh, for Thomas J. Hileman, Sr.

Francis X. McTiernan, Pittsburgh, for Chemed Corporation.

Thomas Fallert, Pittsburgh, for Sellers Injector System.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO, and NEWMAN, JJ.

OPINION

ZAPPALA, Justice.

We accepted this appeal to review the claim of The Pittsburgh and Lake Erie Railroad Company (P & LE), defendant below, that the common pleas court committed reversible error at trial when it commented to the jury, and allowed plaintiff's counsel to do likewise, on the fact that the plaintiff did not receive workers' compensation benefits. Because we find that these remarks were wholly irrelevant to the issues at trial...

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