Francart v. Smith

STIVELY, S.J.,

The instant negligence action, which was tried before this court in November 1987, is once against before us pursuant to cross post-trial motions for judgment notwithstanding the verdict and/or for a new trial of plaintiffs and defendant, Commonwealth of Pennsylvania, Department of Transportation (PennDOT), and on PennDOT’s motion in the alternative to mold the verdicts entered against it. Briefly stated, the salient facts of this case are as follows:

On September 6, 1983, plaintiffs’ decedént, 11-*587year-old Amanda Francart, was in the process of crossing Pennsylvania Route 896…