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FACTOR v. BICYCLE TECHNOLOGY INC.

707 A.2d 504 (1998)

Marvin FACTOR and Kathleen Factor, Appellants, v. BICYCLE TECHNOLOGY INC., Specialized Bicycle Components, Shimano American Corporation and Shimano Industrial Co., Limited v. GIANT MANUFACTURING CO., Appellee, and City of Philadelphia.

Supreme Court of Pennsylvania.

Decided February 26, 1998.

Reargument Denied April 16, 1998.

Attorney(s) appearing for the Case

David F. Binder, Philadelphia, for David and Kathleen Factor.

Thomas A. Kuzmick, Philadelphia, for Giant Mfg. Co., Ltd.

Marc A. Landry, Philadelphia, for Bicycle Technology.

Robert M. Britton, Philadelphia, for Specialized Bicycle Components.

Rochelle M. Fedullo, Philadelphia, for Shimano Indus. Corp., Ltd.

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

OPINION OF THE COURT

FLAHERTY, Chief Justice.

An expert in bicycle accident reconstruction testified, beyond the scope of his pretrial report, that he believed the front wheel of the bicycle he examined was not the wheel that was on the bicycle at the time of the accident. Plaintiffs-appellants moved to strike the expert's testimony. The trial court denied the motion, and appellants elected not to move for a mistrial. The jury returned a verdict for defendant...

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