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BOYLE v. INDEPENDENT LIFT TRUCK, INC.

No. 56 EAP 2009.

6 A.3d 492 (2010)

Anthony BOYLE and Maureen Boyle, h/w, Appellees v. INDEPENDENT LIFT TRUCK, INC. and Frank Fatiga, Jr., Appellants.

Supreme Court of Pennsylvania.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Karyn Dobroskey Reinzi, Esq. , Teresa Ficken Sachs, Esq. , Post & Schell, P.C., Philadelphia, for Independent Lift Truck, Inc., appellant.

William Joseph Cappol, Esq. , John Thomas Dooley, Esq. , for Anthony and Maureen Boyle, appellees.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and ORIE MELVIN, JJ.

OPINION

Justice TODD.

In this appeal by allowance, we consider the issue of whether the Superior Court erroneously ordered a new trial due to an allegedly improper special verdict sheet question regarding comparative negligence,1 where the jury never reached the issue of comparative negligence. For the reasons set forth below, we find that, where a jury never considered the issue...

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