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SODDERS v. FRY

No. 403 C.D. 2011

32 A.3d 882 (2011)

Richard SODDERS v. Christopher T. FRY and Ohioville Borough and/or Ohioville Borough Police Department, Appellants.

Commonwealth Court of Pennsylvania.

Decided December 9, 2011.

Attorney(s) appearing for the Case

John L. Kwasneski , Pittsburgh, for appellants.

Kenneth G. Fawcett , Ambridge, for appellee.

BEFORE: PELLEGRINI, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge PELLEGRINI.

Police Officer Christopher T. Fry (Officer Fry), Ohioville Borough, and the Ohioville Borough Police Department (collectively, Borough) appeal an order of the Court of Common Pleas of Beaver County (trial court) granting Richard Sodders (Sodders) a new trial because the trial court did not specifically instruct the jury on negligence per se as to both Officer Fry and Sodders even though both parties admittedly violated separate...

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