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STRAUB v. CHERNE INDUSTRIES

880 A.2d 561 (2005)

Douglas STRAUB and Carol Straub, H/W, Appellants, v. CHERNE INDUSTRIES and Dealers Service, Appellees.

Supreme Court of Pennsylvania.

Decided August 15, 2005.

Attorney(s) appearing for the Case

Laura Ann Feldman, Esq., Patrick J. Keenan, Esq., Thomas Joseph Duffy, Esq., Philadelphia, for Douglas and Carol Straub.

Frank P. Murphy, Esq., Norristown, for PA Trial Lawyers Association.

Daniel Lloyd Hessel, Esq., Thomas F. Reilly, Esq., Philadelphia, for Cherne Industries.

Joseph P. Connor, Esq., Paoli, for Dealers Service.

James Michael Beck, Esq., Philadelphia, for Product Liability Advisory Council, Inc.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.

In this case, the Superior Court concluded that Appellee Cherne Industries ("Cherne") was entitled to post-trial relief in the form of a judgment notwithstanding the verdict ("judgment n.o.v."). We presently consider whether the Superior Court correctly determined that Cherne did not waive the ground upon which its request for a judgment n.o.v. was based. For the following reasons, we conclude that the Superior Court erred...

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