VON DER HEIDE v. COM., DEPT. OF TRANSP.


718 A.2d 286 (1998)

Alice C. VON DER HEIDE, as Executrix of the Estate of William Von der Heide, Deceased Appellee. v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided October 1, 1998.


Attorney(s) appearing for the Case

Jay W. Stark, Deputy Atty. Gen., for Dept. of Transp.

Joseph M. Melillo, Richard C. Angino, Harrisburg, for Estate of Von der Heide.

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


OPINION

NIGRO, Justice.

The Commonwealth of Pennsylvania Department of Transportation (PennDOT) appeals from the Commonwealth Court's reversal of the trial court's grant of a new trial pursuant to PennDOT's post trial motions, finding that the trial court did not abuse its discretion in failing to instruct the jury on superseding cause. For the following reasons, we find that a jury instruction on superseding cause was not required and thus affirm...

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