Thompson v. City of Philadelphia

HOFFMAN, Judge:

In these appeals from an order granting a new trial solely on the issue of comparative negligence, the parties challenge this court’s jurisdiction, the mootness of the appeal, the lower court’s jury instructions, and the propriety of a grant of a new trial. We find that the appeal is properly before us, and that only the grant of a new trial was error. Accordingly, we reverse and enter judgment upon the jury’s verdict.

On September 28, 1976, William Smith, an employee of Srein Furniture Carriers [Srein], drove his tractor-trailer through a guardrail at the end of the Spring…