Bruce v. Fieles

MacELREE, J.,

In the trial of this negligence action, by Jonathan M. Bruce, for personal injuries he sustained in a motor vehicle accident, we granted, on January 24, 1996, a nonsuit in favor of the Commonwealth, Department of Transportation, and on January 24, 1996, the jury rendered a verdict in favor of the defendant, William Fieles.1 This matter is now before the court on Bruce’s post-trial motions, filed February 2, 1996.

Bruce seeks a new trial on the grounds that the court erred in (1) granting a nonsuit in favor of PennDOT and (2) refusing to instruct the jury that Fieles had acted…