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HARNISH v. SCHOOL DIST. OF PHILADELPHIA

557 Pa. 160 (1999)

732 A.2d 596

Donald HARNISH and Robert and Sandra Geist, h/w v. SCHOOL DISTRICT OF PHILADELPHIA and Daniel J. Keating Company and Lott Constructors, Inc. Appeal of Daniel J. Keating Company.

Supreme Court of Pennsylvania.

Decided June 22, 1999.

Attorney(s) appearing for the Case

Daniel J. O'Brien, Ronald A. Krause, Philadelphia, for Daniel J. Keating Company.,

David K. Itkoff, Penns Park, Brandon Swatz, Holland, for Harnish and Geist.

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

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The issue in this case is whether a court may enter a nonsuit pursuant to Pa.R.C.P. 230.1 when defense evidence was introduced before the nonsuit was granted, in violation of the rule, but the court performed a harmless error analysis, concluding that the defense evidence was not utilized in making the decision to enter the nonsuit.

At the close of appellees' personal injury case, appellants' counsel...

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