Polumbo v. Destefano

POPOVICH, Judge:

This is an appeal from the Order of the en banc Court of Common Pleas of Luzerne County, which was reduced to a judgment on August 9, 1982, denying defendants-appellants’ (Richard Nelson and Safeway Truck Company’s) motions for a judgment non obstante veredicto or a new trial.1 We reverse.

The measuring stick against which the grant or denial of a judgment n.o.v. is to be assessed has been stated to be the following:

In reviewing the trial court’s denial of appellant’s motion for judgment n.o.v., the evidence, together with all reasonable inferences therefrom, must be viewed in…