Harnish v. School Dist. of Philadelphia

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The issue in this case is whether a court may enter a nonsuit pursuant to Pa.R.C.P. 230.1 when defense evidence was introduced before the nonsuit was granted, in violation of the rule, but the court performed a harmless error analysis, concluding that the defense evidence was not utilized in making the decision to enter the nonsuit.

At the close of appellees’ personal injury case, appellants’ counsel moved for a nonsuit. The trial court stated that it would hold the motion in abeyance and allow appellants to raise it after the recess “without…