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RICHARD J. THOMAS AND RITA THOMAS v. JOSEPH INFANTE AND R. INFANTE & SONS APPEAL RICHARD J. THOMAS (06/11/82)

SUPERIOR COURT OF PENNSYLVANIA


June 11, 1982

RICHARD J. THOMAS AND RITA THOMAS, HIS WIFE,
v.
JOSEPH INFANTE AND R. INFANTE & SONS; APPEAL OF: RICHARD J. THOMAS

NO. 559 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Division, No. 2866, August Term, 1979.

Before Hester, Shertz, and McEWEN, JJ. Shertz, J. did not participate in the decision of this case.

Per Curiam:

The Order denying the Motions by Plaintiffs for a Judgment N.O.V. or for a New Trial is affirmed.

Shertz, J. did not participate in the decision of this case.

MEMORANDUM

This is an appeal from an Order denying the Motions by plaintiffs for a judgment N.O.V. or for a New Trial. We have reviewed the clear and concise Opinion of the learned and distinguished Honorable John J. McDevitt, II, Judge of the Court of Common Pleas of Philadelphia County, and find it addresses in satisfactory fashion the issues raised by the appellants and, therefore, attach herewith a copy of that Opinion. We do note that the charge upon sudden emergency was, in view of this verdict that both appellants were negligent, harmless, if not beneficial, error as far as concerns the appellants. While we agree it was proper to charge on assured clear distance but not on sudden emergency, we also are of a mind that any distraction of the jury from the charge upon assured clear distance was of benefit to the appellants since, as noted by the trial court, it lowered the standard of care applicable to the conduct of the appellants.

The Order denying the Motions is affirmed.

Shertz, J. did not participate in the decision of this case.

19820611

© 1998 VersusLaw Inc.



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