Thursday, January 3, 2019

Pennsylvania Superior Court Finds that Defense Verdict in Trip and Fall Case Was Not Against the Weight of the Evidence

In its recent decision in the case of Koziar v. Rayner, 2018 Pa. Super. 331 (Pa. Super. Dec. 7, 2018 Strassburger, Stabile, and Stevens, J.) (Op. by Strassburger, J.), the court reversed a trial court’s decision granting the Plaintiff a new trial under a rationale that the jury’s verdict was against the weight of the evidence in a trip and fall case.  

The Superior court ruled that the jury’s verdict that the Defendant’s negligence was not the cause of the Plaintiff’s alleged injuries should not have been reversed by the trial court as against the weight of the evidence. The Superior Court noted that the Plaintiff gave several different versions of the accident such that the jury could have disbelieved the Plaintiff as to how the accident occurred.  

The Superior Court also noted that the jury could have believed that the Plaintiff was contributorily negligent to the point that recovery was not permitted.  

Anyone wishing to review a copy of this decision may click this LINK. 

I send thanks to Attorney James M. Beck of the Philadelphia offices of Reed Smith law firm for bringing this case to my attention. 

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