NYKIEL v. HEYL


838 A.2d 808 (2003)

Julia P. NYKIEL and Donald Devlin Individually and as Parents and Natural Guardians of Daryle Devlin, A Minor, v. Joyce H. HEYL. Appeal of: Julia P. Nykiel and Donald Devlin, Appellants.

Superior Court of Pennsylvania.

Filed December 9, 2003.


Attorney(s) appearing for the Case

Sean J. Carmody, Pittsburgh, for Donald Devlin and Dayrle Devlin.

MaryAnn C. Acton and Julia E. Snow, Pittsburgh, for Heyl, appellee.

Before: JOYCE, BENDER and POPOVICH, JJ.


BENDER, J.

¶ 1 This is a consolidated appeal from an order granting a new trial in an action for personal injury which resulted when the minor-plaintiff was struck, while riding a bicycle, by a vehicle driven by Appellee. The jury found that the minor-plaintiff and Appellee were both 50% negligent but awarded no damages. In response to this, and pursuant to a post-trial motion, the court granted a motion for new trial as to both liability and damages.

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