Tice v. Nationwide Life Insurance

Because in my view the majority and concurring opinions do serious harm to our strong policy of waiver, I dissent.

The concept of waiver—that issues must be raised in the lower court to be considered on appeal—is basic to Pennsylvania appellate review. Pennsylvania Rule of Appellate Procedure 302 declares: “[ijssues not raised in the lower court are waived and cannot be raised for the first time on appeal.” Pa.R.A.P. 302. Moreover, in 1974 our Supreme Court held that even fundamental error may be waived in both criminal and civil cases. Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974);…