Foster v. City of Pittsburgh

COLINS, Judge.

Frank Foster and Jewell Comer-Foster, his wife (the Fosters), appeal from a May 6, 1993 decision and order of the Court of Common Pleas of Allegheny County (Common Pleas), which denied the Fosters’ motion for post-trial relief to remove a nonsuit granted to the City of Pittsburgh (Pittsburgh).

On August 9, 1990, at approximately 1:00 a.m., Frank Foster (Foster) was driving east on Hamilton Avenue, approaching the intersection with Fifth Avenue, in Pittsburgh. At the same time, James Patterson (Patterson) was driving his automobile south on Fifth Avenue, also approaching the…