MARKS v. SWAYNE


549 Pa. 336 (1997)

701 A.2d 224

Patricia MARKS, Administratrix of the Estate of Donald L. Marks, Deceased, and Patricia Marks, in her own right, Appellee, v. Mary Lou SWAYNE, Administratrix of the Estate of Walter F. Merriman, Appellant.

Supreme Court of Pennsylvania.

Decided October 23, 1997.


Attorney(s) appearing for the Case

Lee A. Montgomery and Joseph E. Kubit, Butler, for Mary Lou Swayne.

Andrew J. Leger, Pittsburgh, for Patricia Marks.

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


OPINION

ZAPPALA, Justice.

We granted allocatur in this case to reexamine the use in a negligence action of a jury instruction that a deceased or incapacitated plaintiff is presumed to have been exercising due care at the time of his injuries. Although we now hold that such an instruction should not be given, we find that in this case the instruction, read in the context of the entire charge, was not so prejudicial as to require reversal.

Donald...

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