LEVEY v. DENARDO


555 Pa. 514 (1999)

725 A.2d 733

Julie Susan LEVEY, Appellee, v. Roland DeNARDO and Mary DeNardo, Appellants, and Kenneth Manley, Appellee.

Supreme Court of Pennsylvania.

Decided February 25, 1999.


Attorney(s) appearing for the Case

Charles W. Craven, Philadelphia, for Roland and Mary DeNardo.

Barry Krengel, Philadelphia, for Julie Susan Levey.

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


OPINION

CAPPY, Justice.

This appeal raises the issue of whether the grant of a new trial was properly limited to damages only. Subsumed in that issue is the question of whether the trial court erred in refusing to instruct the jury on the sudden emergency doctrine. For the reasons that follow, we find that it was error to refuse to instruct the jury that the sudden emergency doctrine could apply to Appellant Roland DeNardo and that, therefore, a new...

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