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MARYANN OLSON v. WASHINGTON COUNTRY CLUB AND PATRICIA D. JESSOP (03/08/85)

filed: March 8, 1985.

MARYANN OLSON, APPELLANT,
v.
WASHINGTON COUNTRY CLUB AND PATRICIA D. JESSOP, AN INDIVIDUAL



No. 00857 Pittsburgh 1983, Appeal from the Judgment entered June 16, 1983 in the Court of Common Pleas of Washington County, Civil No. 441, January Term, 1980 A.D.

COUNSEL

John P. Liekar, Jr., Cannonsburg, for appellant.

Wray, G. Zelt, III, Washington, for Washington, appellee.

W. Patric Boyer, Assistant District Attorney, Washington, for Jessop, appellee.

Rowley, Olszewski and Popovich, JJ. Rowley, J., files a concurring statement.

Author: Olszewski

[ 340 Pa. Super. Page 169]

This is an appeal from a judgment entered in a personal injury case. Appellant contends that the lower court 1) committed several errors in its charge to the jury; and 2)

[ 340 Pa. Super. Page 170]

    erred when it failed to either grant a mistrial or remove a juror. We find appellant's arguments meritless and affirm the judgment.

The facts of this case may be quickly summarized. On July 16, 1979, a group of non-members held a golf outing at the Washington Country Club. The outing group brought along several women to drive golf carts containing beer, soda-pop, bloody marys, etc. One of these women invited appellant to come along. Appellee, Washington Country Club, is a nine-hole golf course. The course is bisected by a two lane asphalt public road which players are required to cross at two points: after hitting their drive on number one and after finishing number eight in order to get to the number nine tee.

The accident at issue occurred at the crossing to the number nine tee. One, Jan Bausman*fn1 took control of appellant's golf cart causing it to go onto the roadway and into, either the path of, or the side of, a motor vehicle operated by appellee, Patricia D. Jessop. Appellant commenced an action against both Ms. Jessop and the country club alleging that their negligence caused her injuries.

The jury's verdict in this case was in the form of answers to interrogatories.*fn2 In answer to question 1, the jury found that Washington Country Club was negligent, and that Ms. Jessop was not negligent. In answer to question 2, the jury found that the negligence of Washington Country Club was not a substantial factor in bringing about appellant's harm.

[ 340 Pa. Super. Page 171]

The trial court molded the verdict, immediately after it was rendered, to find in favor of both Washington Country Club and Ms. Jessop and against appellant. Judgment was entered following the denial of ...


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