Tincher, T. v. Omega Flex Inc.

OPINION BY LAZARUS, J.:

Omega Flex, Inc., appeals from the judgment entered in favor of Terence D. and Judith R. Tincher following a jury trial and the denial of its post-trial motions. Omega Flex contends that it is entitled to a new trial because the Pennsylvania Supreme Court has determined that the trial court's jury instruction contained a fundamental misstatement of the governing law. We agree and vacate the judgment, reverse the order denying post-trial relief, and remand for a new trial.

We draw our summary of the facts and much of the procedural history of the case from the Supreme…