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MCMICHAEL v. McMICHAEL

No. 50 WAP 2019 No. 51 WAP 2019.

241 A.3d 582 (2020)

Tina MCMICHAEL, individually and as Executrix of the Estate of Seth W. McMichael, Deceased v. Michelle J. MCMICHAEL, Executrix of the Estate of Peter D. McMichael, Deceased; Janice McMichael; P&J Construction and Landscape Nursery LLC; and MarkWest Energy Partners, L.P. Appeal of: Michelle J. McMichael, Executrix of the Estate of Peter D. McMichael, Deceased, and P&J Construction and Landscape Nursery LLC. Tina McMichael, individually, and as Executrix of the Estate of Seth W. McMichael, Deceased, Appellee v. Michelle J. McMichael, Executrix of the Estate of Peter D. McMichael, Deceased, and P&j Construction and Landscape Nursery LLC, Appellants.

Supreme Court of Pennsylvania.

Decided: November 18, 2020.

Attorney(s) appearing for the Case

Clifford Alan Rieders, Esq. , Rieders, Travis, Humphrey, Waters & Dohrmann, Williamsport, for Amicus Curiae Pennsylvania Association for Justice.

Melissa Brucker Catello, Esq. , Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Robert J. Marino, Esq. , Dickie, McCamey & Chilcote, P.C., Pittsburgh, for Participant.

Jacob C. Cohn, Esq. , Gordon Rees Scully Mansukhani, LLP, Philadelphia, Jeanette Hsin Ho, Esq. , Louis C. Long, Esq. , Thomas Patrick McGinnis, Esq. , Thomas, Thomas & Hafer, LLP, Pittsburgh, for Appellants.

Renee A. Metal, Esq. , Jon Robert Perry, Esq. , Rosen & Perry, P.C., Andrew Glenn Rothey, Esq. , Rosen Louik & Perry, P.C., Pittsburgh, for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this appeal by allowance, we consider whether the trial court abused its discretion in denying a motion for a new trial following a jury award of zero dollars in damages in a wrongful death action. Upon review, we conclude that the trial court erred in denying a new trial with respect to...

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