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WILLIAM M. GOERTEL AND DONALD E. GOERTEL v. JEFF MUTH AND TOMMI SUE MUTH (08/10/84)

filed: August 10, 1984.

WILLIAM M. GOERTEL AND DONALD E. GOERTEL
v.
JEFF MUTH AND TOMMI SUE MUTH, APPELLANTS



No. 1002 Philadelphia, 1982, Appeal from the Order of March 11, 1982 in the Court of Common Please of Northampton County, Civil Division, No. 1980-C-964

COUNSEL

Michael P. Shay, Bethlehem, for appellants.

Barbara L. Hollenbach, Bethlehem, for appellees.

Montemuro, Watkins and Cercone, JJ.

Author: Cercone

[ 331 Pa. Super. Page 180]

Appellants contend that the jury's verdict was not so ambiguous and unclear that a new trial was warranted.*fn1 We agree, and, accordingly reverse the order of the lower court and remand for judgment to be entered on appellants' behalf.

This case arose from a vehicular intersection accident in Easton, Pennsylvania, on April 29, 1978. Plaintiff-appellee William M. Goertel and Donald E. Goertel filed an action in

[ 331 Pa. Super. Page 181]

    trespass against defendants-appellants Jeff Muth and Tommi Sue Muth for personal injuries which William M. Goertel sustained. William M. Goertel and Tommi Sue Muth were driving their respective vehicles when they collided. The basic issue at trial was who had the green light. Each side presented testimony and a jury verdict form was prepared by the court with suggestions by counsel for the parties in conformity with the Comparative Negligence Statute.*fn2 It is this form which gave rise to the new trial grant, owing to the responses by the jury.*fn3

SPECIAL VERDICT

QUESTIONS FOR JURY

1. Was Tommi Sue Muth negligent?

YES X

NO ___

(If Answer is "YES", go to next question. If answer is "NO", return to the court room.)

2. If the answer to question # 1 is "YES," was Tommi Sue Muth's negligence a substantial factor in bringing about ...


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