Smith v. Shaffer

OPINION OF THE COURT

LARSEN, Justice.

We granted this petition for allowance of appeal from an order of the Superior Court, 341 Pa.Super. 627, 491 A.2d 926, affirming the lower court’s grant of a new trial. The issue at trial was whether Cloyd Shaffer, appellant, was the biological father of an infant born to appellee, Shirley Smith.

A jury trial was held in the Court of Common Pleas of Cumberland County. At trial, appellee testified that she had had sex only with appellant during the possible conception period. Appellee’s expert witness, a hemotologist, testified that blood tests conducted on…