Bressler v. YOGURT

McEWEN, Judge:

We here consider an appeal from a judgment entered after a jury found appellant, William Bressler, 50% causally negligent and assessed damages in the amount of $18,500. A divided panel 1 of this Court found that the trial court had erred in instructing the jury that “if you find that [appellant] was in the act of crossing the roadway at a point other than within a crosswalk or an intersection then you should find him negligent. ” (emphasis supplied). Appellees filed a motion for reargument before the court en banc arguing that the award of a new trial was error and, in the…