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SMITH v. SOUTHEASTERN PA TRANSP. AUTHORITY

913 A.2d 338 (2006)

Mark A. SMITH and Jennifer Smith individuals and as husband and wife, Appellants v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA") and Troy Mays.

Commonwealth Court of Pennsylvania.

Decided December 19, 2006.

Attorney(s) appearing for the Case

John F.X. Fenerty, Jr., Huntingdon Valley, for appellants.

Jeffrey A. Krawitz, Philadelphia, for appellees.

BEFORE: SIMPSON, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEAVITT.

Mark A. Smith (Smith) and his wife, Jennifer Smith, appeal an order of the Court of Common Pleas of Philadelphia County (trial court) denying their post-trial motion for a new trial in a civil action against the Southeastern Pennsylvania Transportation Authority (SEPTA) and Troy Mays, a SEPTA employee. In this appeal we consider whether the trial court abused its discretion by precluding Smith's treating physician from offering expert testimony...

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