Orsini v. Larry Moyer Trucking, Inc.

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

The appellee, Larry Moyer Trucking, Inc. (Moyer), asserts an incorrect standard of review was applied in deciding an issue in its cross-appeal. While we agree the opinion incorrectly states the standard to be applied by a trial court in deciding whether to give an instruction, recognition of the error does not change the result, thus rehearing is denied. We write again to dispel confusion which may have been created by our opinion.

Moyer argued on appeal that the Trial Court erred by refusing to submit its conversion claim against Orsini to the jury.…