Kratt v. Horrow

POPOVICH, Judge.

We affirm the order of the Court of Common Pleas of Philadelphia County removing a compulsory nonsuit entered in favor of the defendant/appellant, J. March Maquilan, M.D.

A motion for compulsory nonsuit allows a defendant to test the sufficiency of a plaintiffs evidence. Francioni v. Gibsonia Truck Corp., 472 Pa. 362, 372 A.2d 736 (1977). A compulsory nonsuit can only be granted in cases where it is clear that a cause of action has not been established and the plaintiff must be given the benefit of all favorable evidence along with all reasonable inferences of fact arising from…